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P u b lish e d by th e S tu d e n ts ’ S o c ie ty o f M c G ill U n iv e rs ity
McGILL TRIBUNE In Domino Confido
November 22nd, 1994
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What’s cookin’ at Molson Hall? ...it’s not just popcorn. See Page 3
The defence of extreme drunkenness
P arliam ent H ill faces student protest
By Paromita Shah______________ • T h e is s u e s s u r r o u n d in g th e r e c e n t S u p r e m e C o u r t r u lin g a n d its
Saturday Night Magazine ventures into the university ranking racket. See Page 9
Editorial Keep on rockin’ at Rideau Hall, Chrétien. The search for a new Governor-General. See Page 6
ENTERTAINMENT A smorgasborg of McGill theatre, plus happy rock stars chatting it up. See Page 14
SPORTS Papp wins CIAU Russ Jackson award and Redmen basketball takes U. of T. tourney. See Page 19
C olu m n ists G. Gibson................... Page7 M. Luz.........................Page7 P. Shah................. Page 13 D e p a rtm e n ts Crossword.................. Page8 Observer..................... Page8 What’s O n............Page 23
McGILL NIGHTLINE 598-6246 A confidential information, listening and referral service. For students, by students.
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im p lic a tio n s On September 30, the Supreme Court of Canada overturned the sexu al assault conviction of Henri Daviault, a decision that not only affected fundamental principles of criminal law but also sparked reac tion from both in and outside the legal sphere in Canada. This ruling allows an accused to utilise the defence of self-induced extreme intoxication for all offences in the Criminal Code. On a practical level, that m eans a retrial for Daviault on the charges of sexual assault. For those in the legal profes sion, it means the re-evaluation of the legal boundaries of accountability. On May 30, 1989, Daviault, a chronic alcoholic, allegedly drank 35 ounces of brandy and eight beers, an amount which would have caused a coma or death in the average person. The victim was a woman confined to a wheelchair due to permanent paral ysis. She knew Daviault through his wife. After running an errand for the victim, Daviault sexually assaulted her. While Daviault recalled having one glass of brandy upon his arrival at the complainant’s residence, he claimed he had no recollection of what occurred between then and waking up naked in the victim’s bed several hours later. A toxicologist called by the defence testified that the level of intoxication could lead to a “black out,” a state he termed “automatistic amnesia”. A person in this state has no awareness of his or her actions when he or she is in such a state. In essence, the Supreme Court decision was based on the “reasonable doubt about whether the accused, by virtue of his extreme intoxication, had pos sessed the minimal intent necessary to com m it the offence of sexual assault.” See Defence Page 9
Emulating the 60s? Students’ collective action at Parliament Hill By Dawn W estley Students from across the country gathered on Parliament Hill last Wednesday to protest Federal Human Resources Minister Lloyd Axworthy’s pro posal to reform federal funding to post-secondary education. An estimated twelve to fifteen thousand students arrived from 45 universities and colleges including those as far away as the University of Calgary and Mount Allison University in Nova Scotia. The crowd gathered at the University of Ottawa at noon and marched to the Hill carrying banners and shouting “No way , we won’t pay!” and “They say cut back, we say fight back!”. The demonstration began at noon and continued until 4 pm. It included a list of speakers and bands who entertained and riled the crowd throughout the afternoon. The dem onstration was o rganised by the Federation of Students of Ottawa University in coop eratio n w ith the C arleton U niversity Student Association. These student organisations sought sup port from others across the country to produce the event. C hris L ennon, P resid en t o f the C arleton University Student Association and one of the main organisers was impressed by Wednesday’s turn-out. “This is probably the most amazing day in stu dent action history. Nothing like this has ever been done by Canadian students,” said Lennon. “This is a completely independent student action. You’ve got to realise there is no national lobby organisation behind this. This was accomplished for and by stu dents.”
According to Lennon, campaigning for partici pation of the event took very little effort. “This is Jean Michel from Ottawa U. calling me, calling a whole bunch of universities in Quebec and me calling universities across Ontario and the rest of Canada, saying ‘Send a few buses’ and it really wasn’t much of a sales job. All that had to be said was exactly what there was at stake and the students arrived,” Lennon explained. Due to the size of the event, security was a con cern. S ecurity was org an ised th rough O ttaw a University and consisted of over two hundred stu dent volunteers. There was an RCMP presence on the Hill but the barricades around the stage and the steps to the Parliament buildings were secured by the volunteers. The event was kept effectively under control though there was an aggressive response from the crowd to the appearance of Axworthy at the end of the day. The speakers included representatives from vari ous student organisations, Guy Caron the of the Canadian Federation of Students, Bill Brenault,Vicepresident of the Canadian Federation of Teachers, Lloyd Axworthy, Jean Charest and many others. The speakers, save Axworthy, denounced the proposed changes on the basis of limiting accessibili ty to post-secondary education by requiring that stu dents accumulate extensive debt in order to get an education. Benault claimed that his organisation was allied with the students on this issue. “For we the university teachers of the country accessibility is the issue, fairness is the issue. We are See Protest Page 2