A Call for Diminished Responsibility in Canada.

The defence of diminished responsibility reduces a murder conviction to one of manslaughter where the defendant successfully demonstrates that their actions were impaired by a recognized medical condition. While this partial defence to murder exists in several common law jurisdictions including the United Kingdom, it is not recognized in Canada. This paper explores whether diminished responsibility should find its way into Canadian law. To do so, Part I of this paper contends that the current state of defences applicable to homicide laws is crying out for further reflection and legislative reform. Part II then critically examines diminished responsibility as enacted in the United Kingdom. Part III explores alternatives to the defence of diminished responsibility and concludes that, despite its imperfections, the defence of diminished responsibility ensures that convictions and sentences are commensurate to the level of moral blameworthiness, given that a murder conviction carries the most severe stigma and punishment. Consequently, the defence should be recognized in Canadian criminal law. [ABSTRACT FROM AUTHOR]