CRIMINAL CODE

PART I - General Provisions

TITLE V - General Exemption From Criminal Liability

27. -(1) Except as provided in this section, intoxication shall not constitute a defence to any criminal charge.

(2) (a) Intoxication shall be a defence to any criminal charge, if the person charged was by reason of intoxication, insane as defined in section 26, at the time he committed the act in respect of which he is accused.

(b) Where the defence under subparagraph (a) is established, the provisions of sections 127 and 128 of the Indictable Procedure Act shall apply, unless the state of intoxication rendering the person insane was caused without his consent by the malicious or negligent act of another person, in which case the accused person shall be discharged with a verdict of acquittal.

(3) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence, provided the state of intoxication was caused without his consent by the malicious or negligent act of another person.

(4) Voluntary intoxication shall be taken into account for the purpose of determining whether the person charged had formed any specific intention in cases where a specific intent is an essential element in the offence charged.

(5) For the purposes of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.