Self Defence at Trial

In Canada, the right to self-defence is considered a fundamental aspect of personal security and protection. Citizens are granted the right to safeguard themselves and their property, but it is crucial to understand the limitations and legal implications associated with this right. This article explores the self-defence laws in Canada, including the criteria for justifiable use of force, the Citizen's Arrest and Self-Defence Act, and the defence of property.

Understanding Self-Defence:

Under Section 34 of the Criminal Code, individuals are permitted to take reasonable actions to protect themselves or others without facing criminal charges. The key components of a valid self-defence claim include:

1. Belief in the Use of Force

The person must believe, on reasonable grounds, that force or a threat of force is being used against them or another person.

2. Defensive Purpose:

The act constituting the offence must be committed for the purpose of defending or protecting oneself or others from the use or threat of force.

3. Reasonableness:

The act committed must be reasonable in the circumstances.

The "air of reality" test is employed to determine whether a defence claim is plausible, and if so, the defendant must prove, on a balance of probabilities, the three key elements mentioned above.

Factors influencing the reasonableness of an act in self-defence include the nature of the force or threat, imminence, the presence of weapons, and the physical capabilities of those involved.

Citizen's Arrest and Self-Defence Act:

Enacted on March 11, 2013, the Citizen's Arrest and Self-Defence Act expanded the authority of private citizens to make arrests under specific conditions. Citizens are allowed to make an arrest if they believe a person committing a crime has done so. However, there are limitations:

1. Reasonable Grounds:

Citizens must have reasonable grounds to believe that it is not feasible for a police officer to make the arrest.

2. Time Frame:

Citizens must act within a certain time frame before reporting the crime to the police.

3. Property-Related Arrests:

Arrests for crimes on or in relation to one's property are allowed if the individual is the owner, in lawful possession, or authorized by the owner.

It is essential to hand over the arrested person to the police promptly, and failure to do so may result in legal consequences.

Citizen's Arrest and Self-Defence Act Amendments:

Amendments to the Act introduced provisions where individuals, under reasonable belief of a threat, can take actions to defend against force. However, the use of force is subject to scrutiny by the courts, considering factors like the nature of the threat, response, proportionality, imminence, and the relationship between the parties involved.

Defence of Property:

Section 35 of the Criminal Code outlines the defence of property, allowing individuals to use reasonable force to protect property if they reasonably believe they are in peaceable possession and face a threat. Requirements for a successful defence of property claim include peaceful possession, a threat to property, a purpose of protecting the property, and a reasonable response.

If you are charged with assault, when you were acting in self defence, you must be aware of the specific conditions under which self-defence is justifiable and the limitations associated with citizen's arrests. The intricacies of these laws must be understood to effectively mount this defence in court.