R. v. Lavallee, [1990] 1 S.C.R. 852 is a leading Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 case on the legal recognition of battered woman syndrome

Battered woman defence

The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...

. The judgement, written by Bertha Wilson

Bertha Wilson

Bertha Wernham Wilson, CC was a Canadian jurist and the first woman Puisne Justice of the Supreme Court of Canada.-Early life:...

, is generally considered one of her most famous.

Background

Angelique Lavallee was in an abusive common law relationship with Kevin Rust. During a particularly serious fight Rust threatened to harm her, saying "either you kill me or I'll get you". During the altercation Rust slapped her, pushed her and hit her twice on the head. At some point during the altercation he handed Lavallee a gun, which she first fired through a screen. Lavallee first contemplated shooting herself, however when Rust turned around to leave the room she shot him in the back of the head. At trial, Lavallee argued self-defence, and had a psychiatrist testify in her support. He explained the effects of her circumstances on her mental state and that in the state she was in she felt she was going to be killed and had no alternative but to shoot him. Lavallee did not testify. The jury acquitted Lavallee, but the verdict was overturned on appeal.

At issue before the Supreme Court was whether the expert evidence on battered wife syndrome was admissible.

Reasons of the court

Justice Wilson, writing for the Court, held that expert evidence is often needed when stereotypes and myths are inherent in a lay-person's reasoning. In particular here, the women's experience and perspective is relevant to inform the reasonable person's standard required for self-defence.

External links

• UofT Law Journal article on Lavallee