Abstract

625 In Canadian jurisprudence the subject of insanity as a defence in a criminal prosecution is within the legislative jurisdiction of the federal government. The legislation is contained in section i#{231} of the Criminal Code and is a codification of the M’Naghten rules. The law is similar to that which obtains in the 29 states in the United States which abide by the M’Naghten rules. The irresistible impulse test used in the District of Columbia and 17 states does not obtain in Canada.3 Where insanity is pleaded as a defence, the trial is conducted by a Supreme Court

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