Does the defence of insanity need to be proven beyond a reasonable doubt?
Saskatchewan, Canada
The following excerpt is from R. v. Chupiuk, 1949 CanLII 171 (SK CA):
In Rex v. Clark 1921 CanLII 603 (SCC), [1921] 2 WWR 446, 61 SCR 608, 35 CCC 261, it was held (Idington, J. dissenting) that it was a misdirection justifying an order for a new trial for the Judge to instruct the jury that the defence of insanity must be proved beyond a reasonable doubt; and that the degree of proof required is not as great as that required to overcome the presumption of innocence in an accused.
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