The author has reviewed in this paper the difficulties in developing a more generally accepted test of criminal responsibility. Such difficulties are more clearly seen when studying the applicability of the criminal responsibility test in Canadian law, Section 16, which the author describes as a disguised M'Naghten rule. Finally it is agrued that, because of the strictures encountered in the application of M'Naghten, some alternative routes have been developed at the courtroom level, notably Section 215 of the Criminal Code which deals with provocation. Section 215 gives legal footing to emotional conditions, producing an impairment in an accused's ability to form intent.