The Charter And The Criminal Code
Exercising Her Rights - Section 13
Challenges to the Charter - Section 7
Criminal Code
Relevancy
Section 34
2)
“Everyone who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) (s)he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his/her purposes, and
(b) (s)he believes on reasonable and probable grounds, that (s)he cannot otherwise preserve him/herself from death or grievous bodily harm.”
Challenges to the Charter - Section 12
Battered Woman's Syndrome
(Aside)
- Physical and psychological disorder of an abused person
- Used as a defense in murder cases
Manitoba
R. V. Lavallee
- First brought to the Manitoba Court of Appeal
- A psychiatrist specializing in Battered Woman's syndrome testified on behalf of Lavallee
- Acquitted without charges or punishment
Manitoba Court of Appeal
Supreme Court
- Tried for second degree murder
- Did not testify
- Acted in self-defense
- Battered Woman's Syndrome
- Lavallee was acquitted w/o charges or punishment
Overview
Appeal
- Was appealed by The Crown back to the Manitoba Court of Appeal
- The Crown felt the trial had been unfair
- The case was then brought to the Supreme Court
- The Supreme Court ruled in favour of Lavallee
- Battered Woman's Syndrome considered legitimate defense against murder
- The Crown appealed to the court for a retrial
- The Court ordered a new trial
- Felt the trial had been unfair
- Psychiatric evidence had unfairly swayed the jury
- The judge had not properly informed the jury
Supreme Court Ruling
Contents
- Brought to the Supreme Court
- Ruled in favour of Lavallee
- Restored her acquittal
- Forever changed how self-defense can be defined in murder trials to include battered women
- Overview
- Legal Pathway
- The Charter & the Criminal Code
- Legal Issues and Questions Raised
- At the Supreme Court
- Resounding Impacts
At The Supreme Court & Resounding Impacts
Resounding Impacts
- Cases involving BWS
- Cases involving expert psychiatric testimonial
At the Supreme Court
- Acquitted Lavallee
- Negated the Crown's claims that expert testimony was excessive and irrelevant
Resounding Impacts
- Was a landmark with BWS being used as a successful defense for murder
- Made expert psychiatric testimonial relevant.
Legal Questions and Issues
- People stay in abusive relationships for a variety of reasons
- Can relate to BWS
- Fear and mental imbalance can lead victims to violence
Sources
Legal Issues and Questions
- The Crown thought the trial unfair because of the influence of Dr. Shane
- Supreme Court disagreed with them
Legal Questions and Issues
Citations
"Jeff Boulton." CASE: R. v. Lavallee [1990] 1 S.C.R. 852. N.p., n.d. Web. 4 Oct. 2014. <http://www.jeffboulton.ca/LAW%20R%20v%20Lavallee.htm>.
"Criminal Code (R.S.C., 1985, c. C-46)." Legislative Services Branch. N.p., n.d. Web. 4 Oct. 2014. <http://laws-lois.justice.gc.ca/eng/acts/C-46/page-13.html>.
"R. v. Lavallee, [1990] 1 SCR 852, 1990 CanLII 95 (SCC)." CanLII. N.p., n.d. Web. 4 Oct. 2014. <http://www.canlii.org/en/ca/scc/doc/1990/1990canlii95/1990canlii95.html>.
"The Battered Wife Defence: The Lavallee Case (MR60e)." The Battered Wife Defence: The Lavallee Case (MR60e). N.p., n.d. Web. 4 Oct. 2014. <http://publications.gc.ca/Collection-R/LoPBdP/MR/mr60-e.htm>.
"Supreme Court Judgments." R. v. Lavallee. N.p., n.d. Web. 4 Oct. 2014. <http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/599/index.do>.
"Criminal Code of Canada." - Assault Sections. N.p., n.d. Web. 4 Oct. 2014. <http://www.lawyers.ca/statutes/criminal_code_of_canada_assault.htm>.
- Why did she stay in the abusive relationship?
- Is Battered Woman's Syndrome a legitimate defense?
- Without the input of the psychiatrist, would the jury have been able to understand BWS, and would they have made the same judgement?
Lauren Field
Jessica Mulay