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Incapacity and the Ladder of Agency
From: Sovereignty, Restraint, and Guidance
$2.70
Chapter 14 reflects on the common law approach to non-mental disorder automatism. Critics have complained that the scope of the “defence” has been inappropriately narrowed by the Supreme Court of Canada, notably in its ruling in Stone. This chapter notes that this reflects the need to devise a common law regime that complements the statutory risk-management scheme for NCR offenders, ensuring that members of the public are not tempted to feign dissociative conditions.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
