U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > World Forums > Canada
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-29-2022, 10:46 AM
 
30 posts, read 9,235 times
Reputation: 130

Advertisements

Quote:
Originally Posted by kiwi5151 View Post
You should be able to defend yourself in your house in Canada.


Are there any legal exemptions in Canada for this?
Violent break and enters are uncommon in most of Canada.

There are lots of types of home security systems, the digital kind.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 08-29-2022, 06:27 PM
 
Location: B.C., Canada
13,126 posts, read 11,656,809 times
Reputation: 29808
Quote:
Originally Posted by kiwi5151 View Post

You should be able to defend yourself in your house in Canada.

Are there any legal exemptions in Canada for this?
Yes, of course there are certain exemptions and you have a right to defend yourself, but a person defending theirself and home/family is required to do so using reasonable actions and use of force regardless of what kinds of tools they might use for self defense, and they will have to be able to prove it in court. Under section 34 and 35 of the Criminal Code, you are within your rights to defend yourself and your home from unlawful entry, but each case is assessed in court on the unique facts of the case. Some of the many types of questions that will come up in court would be:
  • What was the nature of the threat or force?
  • How imminent was the threat to our safety (i.e. is the danger just about to happen or do we have time to avoid a physical altercation)?
  • Did we have other options to respond to the threat, other than physical force?
  • Did either my attacker or I use a weapon?
  • What was the relative size, age, gender and strength of the two parties involved in the incident?
  • Do the parties involved have a prior relationship or a history of disagreements or fighting?
  • Was my response to the threat or attack relatively proportionate to the attacker’s action?
  • Was the threat or use of threat against me authorized by the law? (i.e. if police are lawfully entering your property or detaining you, you cannot use force to defend yourself against them.)
  • Self-defence or assault?

You can read more here about case examples from this Canadian criminal law office: https://www.kruselaw.ca/library/usin...f%20the%20case.

.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-30-2022, 12:46 AM
 
Location: Alberta, Canada
3,180 posts, read 2,588,966 times
Reputation: 4506
Quote:
Originally Posted by Zoisite View Post
Yes, of course there are certain exemptions and you have a right to defend yourself, but a person defending theirself and home/family is required to do so using reasonable actions and use of force regardless of what kinds of tools they might use for self defense, and they will have to be able to prove it in court. Under section 34 and 35 of the Criminal Code, you are within your rights to defend yourself and your home from unlawful entry, but each case is assessed in court on the unique facts of the case. Some of the many types of questions that will come up in court would be: <etc.> ....
I see that I have taught you well, young Grasshopper.

Seriously, Zoisite, your post is great, and you hit the high points. I can (and have) delivered three-hour lectures on Canadian self-defense laws, and you nicely summed everything up. There are nuances of course, which take up a lot of the time in my lectures, but you explained things nicely. Well done!

I'd like to rep you, but apparently, I cannot. So I hope that this post suffices. Again, a well-constructed and informative post; thank you for it.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-30-2022, 01:25 AM
 
Location: B.C., Canada
13,126 posts, read 11,656,809 times
Reputation: 29808
Thanks Chevy. Over the years here you have indeed taught me and others here very well in several matters of the law and one of the things I know is that when in doubt or having questions about the law to don't make guesses or go by second-hand hear-say or made up stuff. Go straight to the horse's mouth (credible and professional legal advisors) to check the facts. I took those bullet points from the article posted by that criminal law office whose website I suggested that Kiwi5151 should read to get a fuller understanding of what he's asking about so he's better informed.

.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > World Forums > Canada
Similar Threads

All times are GMT -6.

© 2005-2022, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top