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I want to read the decision to be honest with you.
I can see where they are coming from as the Cdn Parl and Courts have clearly set up a regime where we start with the presumption of diminished responsibility (going back as far as 1908) and it is a switch to say for some crimes the onus will be reversed so those normally deemed in this category now have to prove they "fit" so to speak.
That said, NYE is right in that the Charter does not clearly designate these rights and the courts are interpreting again.
I can see where they are coming from as the Cdn Parl and Courts have clearly set up a regime where we start with the presumption of diminished responsibility (going back as far as 1908) and it is a switch to say for some crimes the onus will be reversed so those normally deemed in this category now have to prove they "fit" so to speak.
That said, NYE is right in that the Charter does not clearly designate these rights and the courts are interpreting again.
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