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R v Leary; Court: Supreme Court of Canada: Decided [1978] 1 S.C.R. 29: Citation [1978] 1 S.C.R. 29: Case history; Subsequent actions: The "Leary rule" was later challenged in the case of R v Daviault, where an exception to the rule was made for when the accused was so intoxicated he was in a state akin to automatism.
The Canadian Centre on Substance Abuse Act (French: Loi sur le Centre canadien de lutte contre les toxicomanies) is Government of Canada legislation signed into law on September 13, 1988. The purpose of the Act is to establish the Canadian Centre on Substance Abuse (now the Canadian Centre on Substance Abuse and Addictions), recognized as a ...
Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act.In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council.
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At the time, the courts interpreted intoxication to mean substantial inebriation, and more than just being under the influence of alcohol. The minimum penalty for the first offence was seven days in jail. The minimum penalty for the second offence was one month in jail. The minimum penalty for a third offence was three months in jail. [2]
Binge drinking is believed to increase impulsivity due to altered functioning of prefrontal–subcortical and orbitofrontal circuits. Binge drinking in alcoholics who have undergone repeated detoxification is associated with an inability to interpret facial expressions properly; this is believed to be due to kindling of the amygdala with resultant distortion of neurotransmission.
R v Daviault [1994] 3 S.C.R. 63, is a Supreme Court of Canada decision on the availability of the defence of intoxication for "general intent" criminal offences. The Leary rule which eliminated the defence was found unconstitutional in violation of both section 7 and 11(d) of the Canadian Charter of Rights and Freedoms.
The Report suggested that the Canadian blood system should be governed by 5 principles: [1] blood is a public resource; no one should be paid to donate blood or plasma; Canada should collect enough blood and components to satisfy its own needs; citizens should have free and universal access to blood components and products; and