R. v. Lavallee

SCCInfoBox
case-name=R. v. Lavallee
full-case-name=Angelique Lyn Lavallee v. Her Majesty The Queen
heard-date=October 31, 1989
decided-date=May 3, 1990
docket=21022
history=on appeal from Court of Appeal for Manitoba
ruling=Lavallee appeal Allowed
ratio=
SCC=1989-1990
Majority=Wilson J.
JoinMajority=Dickson C.J. and Lamer, L'Heureux-Dubé, Gonthier and McLachlin JJ.
Concurrence=Sopinka J.
NotParticipating=La Forest and Cory JJ.

"R. v. Lavallee", [1990] 1 S.C.R. 852 is a leading Supreme Court of Canada case on the legal recognition of battered woman syndrome. The judgement, written by Bertha Wilson, 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". He turned around at which point Lavallee, who was hiding a gun, pulled it out and 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.

ee also

* "R. v. Malott", [1998] 1 S.C.R. 123

External links

*
* [http://www.utpjournals.com/product/utlj/471/471_shaffer.html UofT Law Journal article on Lavallee]