Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses automatism.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Yves LeBoutillier was convicted of impaired driving. He argued at his trial that he was involuntarily intoxicated. The judge rejected his argument, finding that this was in fact an argument of automatism. That he was acting without an operating mind.
The question became whether or not the defence was involuntary intoxication or automatism. But also, whether or not Mr. LeBoutillier was required to have expert evidence to show that this was a case of automatism.
This case raises an important issue. Not everyone who is engaged in an act of automatism is capable of getting expert evidence.
Watch the video for more.
