Self Defence
In Canada, self-defence is legally justified under specific conditions laid out in the Criminal Code. The key elements involve demonstrating that your actions were necessary and reasonable under the circumstances.
Key Criteria for Self-Defence:
Threat or Force: You must reasonably believe that force or a threat of force is being used against you or another person.
Purpose of Action: Your response must be aimed at defending or protecting yourself or someone else from harm.
Reasonableness: The force you use must be proportionate to the threat. This means stopping once the threat is neutralized, and not using excessive force beyond what was necessary to protect yourself.
Considerations by Courts:
The nature of the threat or force.
Whether there were other options available, such as retreating.
Your role in the incident and whether you contributed to escalating the situation.
Whether a weapon was involved and the physical capabilities of all parties involved
Defence of Property:
In addition to self-defence, Canada's Criminal Code also allows for the defence of property. You can protect your home or possessions if you reasonably believe someone is unlawfully entering or damaging them. However, your actions must be proportionate to the situation, and you must stop once the threat to your property is neutralized
If you're charged with a crime after acting in self-defence, it’s essential to consult a criminal defence lawyer to ensure that your actions are properly evaluated under these legal standards.