R. v. Lavallee

Angelique Lavallee (defendant) was subject to routine physical abuse by her partner, Kevin Rust. One day, Lavallee and Rust had an argument during which Rust hit Lavallee. As Rust was leaving the room, Lavallee fatally shot him in the back of the head. The government (plaintiff) charged Lavallee with murder. Lavallee contended that she acted in self-defense. In support of her self-defense claim, Lavallee introduced expert testimony from Dr. Fred Shane, a psychiatrist with extensive experience in the treatment of battered women. In Dr. Shane’s opinion, Lavallee reasonably believed that “her life was on the line” at the time Rust was leaving the room. Dr. Shane stated that Lavallee’s mental state at this time must be understood in the context of the routine physical abuse Rust inflicted on her. Indeed, according to Dr. Shane, the pattern of violence resulted in Lavallee experiencing heightened sensitivity, such that she felt “threatened” by Rust even during the periods when she was not being abused. Although Lavallee shot Rust as he was leaving the room, Dr. Shane explained that the heightened sensitivity made her feel that she would die unless she reacted in a violent way. The trial court admitted Dr. Shane’s testimony into evidence, and the jury acquitted Lavallee. The court of appeal overturned the jury’s verdict, finding that Dr. Shane’s testimony was improperly admitted. Lavallee appealed to the Canada Supreme Court.