Title
Challenging moral involuntariness as a principle of fundamental justice
Document Type
Article
Publication details
Yeo, S 2002, 'Challenging moral involuntariness as a principle of fundamental justice', Queen's Law Journal, vol. 28, no. 1, pp. 335-351.
Peer Reviewed
Peer-Reviewed
Abstract
In R. v. Ruzic, the Supreme Court of Canada made the criminal law concept of moral involuntariness a principle of fundamental justice warranting Charter protection. This comment challenges that decision by contending that, in the overall scheme of determining criminal responsibility, moral involuntariness has only a subsidiary role to play. Futhermore, the concept lacks sufficient constraint and is too imprecise to qualify as a principle of fundamental justice.