R v Lavallee

R v Lavallee
Supreme Court of Canada
Hearing: October 31, 1989 Judgment: May 3, 1990
Full case name	Angelique Lyn Lavallee v Her Majesty The Queen
Citations	[1990] 1 S.C.R. 852
Docket No.	21022 [1]
Prior history	On appeal from Court of Appeal for Manitoba
Ruling	Lavallee appeal allowed
Court membership
Chief Justice: Brian Dickson Puisne Justices: Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin
Reasons given
Majority	Wilson, joined by Dickson, Lamer, L'Heureux-Dubé, Gonthier and McLachlin
Concurrence	Sopinka
La Forest and Cory took no part in the consideration or decision of the case.

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 judgment, written by Justice Bertha Wilson, is generally considered one of her most famous. The court held in favour of allowing battered woman syndrome to explain how the mental conditions for self-defence were present in this case, and Lavallee's acquittal was restored.

Background

Angelique Lynn 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 window 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, the verdict was overturned on appeal, and finally the original verdict was upheld by the Supreme Court of Canada.

At issue before the Supreme Court was whether the expert evidence on the so-called "battered woman syndrome" was admissible.

Reasons of the court

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

See also

• R v Malott, [1998] 1 S.C.R. 123

External links

• Full text of Supreme Court of Canada decision at LexUM and CanLII
• Martha Shaffer, "The Battered Woman Syndrome Revisited: Some Complicating Thoughts Five Years after R. v. Lavallee" (1997) 47 University of Toronto Law Journal 1

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This page was last edited on 19 August 2022, at 03:37