Cindy MacDougall
Northern News Services

Yellowknife (Nov 17/99) - The recent acquittal of a man who claimed he was too high on pot to realize he was committing sexual assault has "outraged" the Yellowknife Women's Centre.

Arlene Hache (left), executive director of the centre, said she and other members of the centre's board of directors met last Thursday to discuss the decision.

"We are completely outraged," she said.

"This ruling confirms for women who already feel powerless in the courtroom, that the Canadian legal system fails them."

She said the centre is encouraging women to go to the civil legal system rather than the criminal system.

"We encourage women to look to the civil legal system for anything approaching justice, rather than relying on the criminal system," she said. "There is no justice in the so-called Canadian justice system."

Justice John Vertes of the Supreme Court of the Northwest Territories acquitted the man of sexual assault, assault and assaulting a police officer.

Vertes ruled Section 33.1 of Canada's Criminal Code, which states one cannot defend oneself against any assault charge by saying one was too intoxicated to form intent, to be unconstitutional.

Court heard how the accused man smoked half of a marijuana cigarette before grabbing the complainant's thigh and beating her. He also attacked a neighbour and two police officers who came to arrest him. The accused claimed to remember nothing after smoking the marijuana.

A psychiatrist testified it would be possible for the man to be put into a state of automatism, or complete unawareness of his actions, after smoking marijuana.

Hache said the decision makes it easy for others to think they can get away with assaulting women.

"This decision will persuade the average Joe that he can act violently with impunity when he uses the defence of intoxication," Hache said.

She said the centre is "developing a strategy" on further action.

Hache said she is thankful Crown prosecutor Mark Scrivens has decided to appeal the decision.

"Of course they should appeal it," she said.

Hache said the centre encourages the Crown's office to have an expert on violence against women testify at the appeal, rather than just psychiatrists.

Vi Beck, president of the Status of Women Council of the NWT, said the council is also planning some action on the case.

"We're having our monthly conference call, and we'll decide on our course of action then," she said.

Beck said she could not comment on the case until she had spoken to the rest of the council, which is made up of six women from around the Northwest Territories.

"We're doing something, but I don't want to speculate until then," she said.

Crown prosecutor Scrivens said the case will probably not be heard by the territorial Court of Appeal until the spring.