LOUIS LEBEL, L’IMPUTABILITÉ ET LES LIMITES À LA FACULTÉ DE BLÂMER

Abstract

The decisions by the Hon. Louis LeBel in criminal matters denote his attachment to the principle of free will. In particular, he developed the concept of “responsibility” (imputabilité) in situations where the accused did not truly have any choice of action. But the concept of “responsibility” that he developed also takes into account the social context, and especially the conduct of the state, to determine whether, in certain circumstances, the state is always in a position, morally, to condemn and blame someone who has committed an offence.