Anaya Nolan
Canada's laws regarding self-defence are similar to those of England and France, in that they centre around the acts committed and whether or not those acts are considered reasonable in the circumstances. Canada's Criminal Code sections 34 and 35, which deal with self-defence and defence of property, were updated in 2012 to help legal professionals apply the law in accordance with Canadian values. While there is no duty to retreat under Canadian law, the failure to retreat may be considered when assessing the reasonableness of the accused's conduct. In Canada, there is no obligation to retreat within or from one's home, and a person can use force when threatened or attacked. However, the use of force must be reasonable and proportionate to the situation.
| Characteristics | Values |
|---|---|
| Stand-your-ground law | In Canada, there is no duty to retreat under the law. |
| Self-defence laws | Sections 34 and 35 of the Canadian Criminal Code deal with self-defence and defence of property, respectively. |
| Defence of property | The Crown prosecutor must prove beyond reasonable doubt that the accused was not acting in defence of their property. |
| Use of force | Canadians can use force when threatened or attacked, but it must be reasonable and proportional to the threat. |
| Trespassers | Property owners or residents are entitled to defend themselves with force, but it must be reasonable and proportional, and the trespasser must be a criminal trespasser. |
| Similarities to other countries | Canada's self-defence laws are similar to those in England, France, and Wales. |
| Differences from other countries | Canada's laws differ from those in the US, specifically Florida, which has been criticised for its stand-your-ground laws. |
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What You'll Learn
Canada's laws on self-defence
Canada does not have a stand-your-ground law, but its laws on self-defence are similar to those in England and Wales, which have stand-your-ground laws. Canada's self-defence laws centre around the acts committed and whether they are considered reasonable in the circumstances.
In Canada, there is no duty to retreat under the law. This means that Canadians do not have a duty to retreat in their own homes if they fear for their lives. However, the decision to stand your ground may be deemed unreasonable if retreat is available.
Canadians are allowed to use force to protect themselves, others, and their property. However, the amount of force that can be used in self-defence depends entirely on the situation. Self-defence cannot continue once the threat is eliminated, and any force used must be reasonable and
The Canadian Criminal Code's sections 34 and 35 deal with self-defence and defence of property, respectively. These sections were updated in 2012 to clarify the code and help legal professionals apply the law in accordance with Canadian values. The law states that the use of force is justified if the individual has reasonable grounds to believe that they, someone else, or their property are under attack, and that the force used is necessary for defence.
The determination of whether the use of force is reasonable and proportionate can be difficult in court, especially if the attacker sustains extensive injury or death. The law considers various factors, including whether the injury or death was unintended, whether the attacker would not back down, and whether the victim attempted other responses before using force.
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Defence of property
In Canada, there is no duty to retreat under the law. Canada's laws regarding self-defence are similar to those in England, as they centre around the acts committed and whether or not those acts are considered reasonable in the circumstances. The sections of the Canadian Criminal Code that deal with self-defence or defence of property are sections 34 and 35, respectively.
The defence of property can arise when a person's "peaceable possession" of property is threatened or challenged by another, such as by a person who is trying to take or damage the property or trespass on it. Peaceable possession was a fundamental concept in the old law and is retained in the new defence of property provision. The concept of "peaceable possession" has been interpreted to mean that the possession of the property must not be seriously challenged by others. The seriousness of the challenge is not assessed by looking at the relative strengths of legal title or other legal claims, but rather, whether any challenge is likely to result in a breach of the peace.
The Criminal Code also prevents people from using force to defend or protect their property against someone who is doing something that they are required or authorized by law to do in the administration or enforcement of the law. For example, if the police knock on your front door and present you with a search warrant to search your home or property, you are not entitled to use force to remove them from your property and claim you were protecting your property. Defence of property will only apply in cases involving law enforcement if the accused person believes, on reasonable grounds, that the police are acting unlawfully.
Intoxication may also impact a person's ability to rely on the defence of property. The actions of the accused are compared to those of a reasonable person, who is sober and sane. A person's level of intoxication is not a legal excuse or justification for their actions.
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Canada's gun laws
Canada's gun control laws date back to the early days of Confederation, when justices of the peace could impose penalties for carrying a handgun without reasonable cause. Amendments to the Criminal Code between the 1890s and the 1970s introduced handgun registration, followed by registration for fully automatic firearms. In 1969, firearms were classified into three categories: "non-restricted", "restricted", and "prohibited". To acquire firearms, individuals were required to obtain a firearms acquisition certificate (FAC) from their local police agency starting in 1979.
In 1995, the Canadian government passed the Firearms Act, which maintained the three classifications of firearms. Non-restricted firearms include rifles and shotguns used for competitive shooting or hunting, while restricted firearms include handguns and some semi-automatic firearms. Civilians are only permitted to possess restricted firearms for shooting sports, as collectibles, or if required for their profession. Prohibited firearms include fully automatic weapons and some semi-automatic weapons that no civilians are allowed to possess. All firearms owners in Canada are required to possess a valid firearms licence, such as a Possession and Acquisition License (PAL) or a Possession-Only Licence (POL).
In 2012, the Canadian government eliminated the requirement to register non-restricted firearms, and existing public records kept by the Canadian Firearms Registry regarding owners of non-restricted firearms were purportedly expunged. However, the government of Quebec created its own provincial firearms registry, requiring residents to register non-restricted firearms by January 29, 2019. Following the 2020 Nova Scotia attacks, the Canadian government announced a nationwide ban on "military-style weapons" and "assault-style weapons", moving many firearms from the restricted and non-restricted categories to the prohibited category.
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The Castle Doctrine
Canada's self-defence laws are similar to those in England and Wales, where there is no duty to retreat before using reasonable force in self-defence. Sections 34 and 35 of the Canadian Criminal Code, updated in 2012, state that force, including lethal force, may be used in defence of one's life or property, provided that the person believes that force is being used against them and that their actions are reasonable in the circumstances.
Canada's interpretation of the Castle Doctrine is not as extreme as some US states, where stand-your-ground laws provide citizens with the right to use lethal force without a duty to retreat. In Canada, while there is no longer a duty to retreat in one's own home, the use of force must still be reasonable and proportional to the threat.
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The Lucky Moose law
In 2012, Canada's self-defence and defence of property laws were overhauled, resulting in what has been termed the "Lucky Moose law". This reform relaxed and eliminated the traditional constraints on defensive force, including necessity and proportionality. The law now gives police, prosecutors, judges, and juries unprecedented discretion to evaluate the reasonableness of an accused person's actions "in the circumstances".
Under the Lucky Moose law, there is no duty to retreat, and Canadians are allowed to stand their ground. However, the failure to retreat is a factor in assessing the reasonableness of the impugned conduct. An exception is made for a person's home, where the trier of fact cannot consider the accused's non-retreat. This means that a person can use force in self-defence without first having to retreat, but their conduct must still be considered reasonable. For example, killing an intruder would require that the homeowner has a reasonable fear of death or grievous bodily injury.
The defence of property is found in section 35 of the Criminal Code of Canada. It is the Crown prosecutor's responsibility to prove, beyond a reasonable doubt, that the accused was not acting in defence of their property. Property includes someone's home or any other form of personal property, such as a farm, pet, or vehicle. The defence of property can also apply when a person is assisting someone else who they believe is in possession of the property.
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Frequently asked questions
Yes, Canada has stand-your-ground self-defence laws.
Canada's stand-your-ground law centres around the acts committed and whether or not those acts are considered reasonable in the circumstances. There is no duty to retreat before a person may use reasonable force against an attacker, but one who chooses not to retreat when it would have been a safe option might find it harder to justify their use of force.
Defence of property is found in section 35 of the Criminal Code of Canada. It is the Crown prosecutor's responsibility to prove, beyond a reasonable doubt, that the accused was not acting in defence of their property. Defence of property typically applies to the defence of one's own property, including someone's home or any other form of personal property, for example, a farm, pet or vehicle.
Canada's laws regarding self-defence are similar to those of England and France. Canada's stand-your-ground law has been criticised for departing from the common-law rule that deadly force should not be used to protect mere property.
