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The purpose of this study is to look at the capacity of psychopaths to act in a rational manner within the meaning of section 16 of the Canadian Criminal Code. We therefore focus on certain neuroscientific studies in order to see whether they can inform us about the disorders that psychopaths suffer from, and whether those disorders could have an impact on their ability to act rationally. If they do, then psychopathy could be an ailment that triggers the section 16 defence of not criminally responsible owing to a mental disorder and also the implications of the Supreme Court of Canada decision in Bouchard-Lebrun. The Psychopath as an Irrational Agent: A Canadian Criminal Law Perspective by Kevin Moustapha Kevin Moustapha*