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The Charter

A psychiatric evaluation of Lavallee established that she was suffering from Battered Woman Syndrome.

She seriously believed her life was in danger, so shooting Rust was an act of self defence.

Lavallee had these rights taken away by Rust while he was abusing her.

(1) Life, Liberty and security of person: Section 7 of the Canadian Charter Of Rights and Freedoms.

- Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

The Case

Angelique Lavallee was in a common law relationship with Kevin Rust.

The relationship was abusive, and Lavallee ended up in the hospital frequently.

One night, after a particularily bad fight, Lavallee shot Rust in the back of the head.

Rust was killed.

The Supreme Court of Canada decided in R v. Lavallee, that domestic abuse can create the need for self-defence, and therefore can be used as a defense in court for woman charged with murdering their partner. In the future, women charged with murdering their partner may be able to use “battered woman syndrome” as a means for establishing self defense.

Impact of Case

Manitoba Queens Bench- Lavallee acquitted

Manitoba Court of Appeal- Lavallee convicted of murdering Rust

Supreme Court of Canada- Lavallee acquitted

R v. Lavallee

Lavallee could not be held accountable for herself the moment she pulled the trigger, because she was afraid for her safety, and did what she could to save her life.

An issue during the trial was whether or not the statement she made to the psychiatrist should be used in court, as she did not testify.

Legal Pathway

Repeated episodes of physical assault on a woman by the person with whom she lives or she has a relationship, often resulting in serious physical and psychological damage to the woman.

What is Battered Woman Syndrome?

Legal Issues

Raise your hand if you know what battered woman syndrome is

http://archives.cbc.ca/society/crime_justice/clips/13238/

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