R. v. Lavallee, [1990] 1 S.C.R. 852
Background:
Cindy Gladue was accused of killing her partner Mike Lavallee in spring of 1990. Gladue had stabbed Lavallee to death after having been abused both physically and emotionally for years. During the trial, Gladue claimed to have been facilitating self-defence during a time in which she felt her life was in danger.
Legal Issue:
Gladue had been accused of manslaughter and was attempting to use battered “woman syndrome” as a defence. This is when a person, after they have been abused by their partner, claims that they had done so in order to defend themselves and justifies this action through this defence.
Court's Decision:
The Supreme Court of Canada unanimously decided that battered woman syndrome was admissible to explain the accused state of mind during the time of her crime. Therefore, the courts decided that extreme physiological or physiological situations of trauma may lead to this type of violent behaviour which may conclude in death behaviour.
Impact:
This case influenced how the Canadian legal system handles cases including partner violence and more specifically how they protect victims. This established precedence regarding the evidence which is admissible in cases regarding the abused who have committed manslaughter as a form of self-defence. This case has been used as a precedent in many more which have followed. Additionally, the courts have established that they side with victims which then allows for more of them to feel comfortable standing up for their rights and additionally demanding justice for the wrongdoings which they have been victims to.
Sources
Supreme Court of Canada. (2024, March 4). R. v. Lavallee - SCC cases. Decisions and Resources - SCC Cases. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/599/index.do
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