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.

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