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The question of how far a Canadian can go in defending themselves and their families from a home intruder is currently the subject of vigorous national debate after Ontario police arrested a man for assaulting someone who broke into his home late at night. In fact, the incident has raised significant public outrage because the home defender could face punishment nearly as severe as that of the intruder if convicted. While the intruder faces a maximum 23-year prison sentence if convicted on all charges, the home defender faces a maximum 21-year term.
On August 18th, a Lindsay, Ontario man awoke at about 3:00 a.m. to find an armed intruder in his apartment. During the ensuing altercation, the intruder sustained life-threatening injuries that required him to be airlifted to a Toronto hospital after the police arrived. Police charged the intruder with:
They charged the apartment defender with aggravated assault and assault with a weapon. In defending the charges, Kawartha Lakes Police Chief Kirk Robertson said Canadians have the legal right to protect themselves and their property if they believe they are facing a threat, “those rights are not unlimited in Canada.” He added that “The law requires that any defensive action be proportionate to the threat faced.”
However, Ontario Premier Doug Ford suggested that Canadians should be able to use all resources possible to protect their families, adding that “something is broken” with the criminal justice system.
The assault defence lawyers at Mass Tsang, LLP in Toronto say they understand the public’s outrage, but note that without knowing all the details of the incident, it’s too early to rush to judgment. “For all anyone but the police knows, the intruder may have been carrying a small pen knife in his back pocket, and the home defender reacted with a 12-inch blade before even seeing it,” says Mass Tsang Managing Partner, Jeff Mass . “Or perhaps the defender stabbed the intruder after he had already subdued him. Those are not proportional responses and, under Canadian law, would constitute unreasonable uses of self-defence force.”
Jeff’s co-managing partner, Robbie Tsang , adds, “Canadian self-defence laws do not have formal ‘stand-your-ground’ or ‘castle-doctrine’ provisions as found in many U.S. states. Rather, Canadian law requires that a defender’s actions must meet several reasonableness thresholds for self-defence to be lawful. And this holds especially true if firearms or other weapons are involved.”
If you are outraged or confused by the Lindsay home defender’s criminal charges, or are otherwise curious about Canadian self-defence laws, the legal experts at Mass Tsang can provide some clarity. Here’s a rundown on the legalities of self-defence in Canada and how defending yourself with a weapon can easily lead police to charge you with assault with a weapon. Oh, and if you’re ever arrested for protecting yourself or others, know that our law firm offers exceptional criminal assault defence.
Your rights to defend yourself are codified under Section 34 of the Criminal Code. A person can legally defend themselves against charges of assaulting another if:
You’ll note that “reasonableness” is a key component of Canadian self-defence law and, because what might constitute “reasonable” is subjective, the Code requires courts to consider the following factors to determine it:
This section of the Code closes with language that nullifies self-defence if the alleged attacker was acting in a lawful capacity, unless the defender had “reasonable” grounds to believe they were acting unlawfully.
The “reasonableness” factors in Canadian self-defence laws involving weapons play a significant role in self-defence cases. For example, using a legally prohibited weapon or a proverbial “gun in a knife fight” is a subjective black mark against self-defence in court. Canadian law prohibits possession and use of most self-defence weapons, and the use of any weapon in self-defence will undergo extensive subjective review at trial.
The subjective nature of judicial assessment of self-defence makes defending cases involving weapons especially complex. Legal possession, accessibility, and all the other subjective self-defence factors play a crucial role in establishing the innocence of those accused of assault while defending themselves or others. Supporting your self-defence with a competent assault lawyer — like those at Mass Tsang — is crucial to convincing the court of the legality of your actions.
If you’re facing assault charges in Ontario because you defended yourself or others from an imminent and dire threat of harm, secure the best defence possible with the assault and self-defence experts at Mass Tsang. We are available 24/7 to help you prove that your defensive actions were reasonable, lawful, and justified due to the harm or realistic threat of such against you or someone else. For the best representation in self-defence cases in the Greater Toronto Area, contact us today for a free consultation.
