R. v. X.X. – 2025 – 3861

Allegation

Police were dispatched to a hotel after multiple 911 calls reported a man smashing windows, pulling fire alarms, and throwing furniture from a fourth-floor room. According to witnesses, the accused—soaking wet and visibly distressed—had allegedly caused extensive property damage by breaking the sprinkler head and tossing items through a shattered window. The flooding reached multiple floors, damaging ceilings, walls, and elevators throughout the building.

When arrested, the accused appeared disoriented and told officers he believed the hotel was on fire and that he was saving lives. He later stated he blacked out and didn’t remember the events leading up to his arrest. Police apprehended him under the Mental Health Act and charged him criminally with mischief over $5,000.

This was not a typical property damage case. The accused’s actions raised serious public safety concerns and involved substantial financial loss. However, what distinguished this matter was the defence: extreme intoxication akin to automatism. This defence is extremely rare in Canadian criminal law and requires evidence that the accused was in a state of involuntariness due to intoxication so severe it negated any conscious control over their actions.

Sean Fagan has extensive experience with this area of law—he was defence counsel in the Supreme Court of Canada decision that restored the extreme intoxication defence in Canada, succeeding at trial, on appeal, and ultimately at the SCC. This case involved similar legal and medical issues.

Result

All charges were withdrawn. There was no conviction.