Mr. Chan became intoxicated after ingesting magic mushrooms. He fatally stabbed his father and grievously injured his father’s partner. Mr. Sullivan became intoxicated by a heavy dose of a prescription drug consumed in a suicide attempt. He repeatedly stabbed his mother. Both men sought to raise non-mental disorder automatism as a defence in their respective trials. Section 33.1 of the Criminal Code precluded this defence in cases of assaults if automatism was self-induced by voluntary intoxication. The trial judge in Mr. Sullivan’s case rejected the argument s. 33.1 did not apply because intoxication resulted from a suicide attempt and was involuntary. The trial judge in Mr. Chan’s case dismissed a constitutional challenge to s. 33.1. Mr. Sullivan was convicted of aggravated assault, assault with a weapon and breaches of a non-communication order. Mr. Chan was convicted of manslaughter and aggravated assault. The C.A. held s. 33.1 is unconstitutional and of no force or effect. It ordered a new trial for Mr. Chan and acquitted Mr. Sullivan of aggravated assault and assault with a weapon.