ABSTRACT
Necessity or duress by circumstances and duress as applied to secondary parties and intoxication are common law defences. The statutory defence of duress has historically been more restrictive than the common law defence. The insanity defence was re-named the mental disorder defence. The requirement for self-defence is requirement of Code that those claiming self-defence have subjective purpose of defending themselves or others. Duress by circumstances would be decided in Canada according to the necessity defence. The major difference between the Section 17 and the common law defence is the long list of offences ranging from murder to arson that are categorically excluded from the statutory but not the common law duress defence. The Court in Ryan also read in the exclusion of threats produced through the accused's prior conspiracy or associations found in the common law defence. The Supreme Court of Canada has done just this in ruling that requires a new defence of extreme intoxication to general intent offences.
