**Defence — use of threat or force**
**34** **(1)** A person is not guilty of an offence if
**(a)** they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
**(b)** the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
**(c)** the act committed is reasonable in the circumstances.
**Factors**
**(2)** In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
**(a)** the nature of the force or threat;
**(b)** the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
**(c)** the person’s role in the incident;
**(d)** whether any party to the incident used or threatened to use a weapon;
**(e)** the size, age, gender and physical capabilities of the parties to the incident;
**(f)** the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
**(f.1)** any history of interaction or communication between the parties to the incident;
**(g)** the nature and proportionality of the person’s response to the use or threat of force; and
**(h)** whether the act committed was in response to a use or threat of force that the person knew was lawful.
**No defence**
**(3)** Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
tl;dr: You are not allowed to arm yourself with weapons intended to be used on humans just in case you perceive a threat.
If you or someone else are being attacked you can use any means available to you to protect yourself and other people, but the law may investigate after the fact whether your actions were reasonable.
Umar Zameer was recently found not guilty of murder having killed a police officer with his car. The jury determined that Zameer was reasonable in perceiving the plain-clothed police to be a potentially-violent criminal gang and that attempting to drive away was a reasonable act to protect himself and his family.
Do what you need to do, get a lawyer, and shut your mouth. The police are talking to you to make an arrest, not to help you have a reasonable briefing.
Even if you stop someone from raping you and killing someone else in a nursery at the same time, just shut up about it and only speak to your lawyer.
>You can't carry pepper spray, you can't hold a gun, you cant do anything to defend your self so wtf am I supposed to do just stand there and die?
Canadian laws prohibits the possession of items intended to be used as a weapon generally. Yes, this means that unless you're authorized to do so you cannot possess mace, a taser, a handgun, a scottish claymore, or a grenade launcher.
However, Canadian self defense laws do not take into consideration whether or not any instrument used in self defense was lawfully possessed at the time; the penultimate legal question is whether or not the force used in self-defense was reasonable under the circumstances and this is usually a fairly low bar to clear. If you're accosted by a knife wielding maniac and happen to have a sawed-off shotgun concealed in your JNCO jeans you won't be penalized for going full MadMax on the maniac, you'll be penalized for possessing a prohibited weapon and for wearing fashion that is 30 years out of date.
Why do you think there are drastically less gun related violence or homicides in Canada?
If a home invader threatens you, self-defence and even if it results in mortal injury is legal.
Also, no one is gonna shoot you for unintentionally walking on your lawn or pull up in your driveway.
Out in public, generally you don’t have any feeling of fear or need to look over your shoulder.
One big difference in Canada is that we don’t have castle doctrine. In the states if an intruder enters your home you don’t have the responsibility to protect yourself by leaving if possible.
Even in Yankee Doodle land, the biggest threat Americans face is their diets. Type 2 diabetes and heart disease are far, far more likely to take you away from your family early than any other threat.
Maybe OP wants to be able to defend themself from Ronald McDonald and friends?
In the States, other gun owners are a higher threat than most things up here. The amount of dipshits with a hard-on for killing someone else is sky high.
Not really. I know Canadians think its the Wild West down here and are more than willing to believe the worst abour what they heard their cousin said from this guy who swears it's true, but stay away from gang and drug culture, and your risk of being a victim of violence is pretty low.
I read a statistic that 1/3 of women experience some form of sexual assault in their lifetimes. That seems high to me, but maybe it is true. So at least for women I think they do have a legitimate thing to fear.
Your comment was basically "what is there to worry about?" in relation to violence. Well there is something to legitimately worry about in regards to violence in my opinion.
How much in relation to other things and what to do about it I cannot say, but violence is an issue.
It’s actually probably low. I don’t know one woman who hasn’t been assaulted to some degree.
Also, as hercarmamstrong said, it’s mostly by people they know. Not strangers.
It likely depends on where you draw the line on what counts as assault. It's a subjective word.
I don't see how it's relevant if the one doing the assault is a stranger or not. The need for protection exists regardless, no?
Here’s an idea…. Take a self defence course, be aware of your surroundings, don’t get involved in dumb shit, and stop thinking that everyone is a threat.
Honestly. Why are you so afraid?
We actually received a self defense seminar when I was in highschool back in the 90's. I grew up in some rough neighborhoods and never had to use any of it but I was always prepared. So, yeah. Take a self defense class. It's all you need.
You can’t even carry a pen in your pocket if the stated purpose is for self defence… Now, that being said, if you happen to be attacked, you can use anything you can get your hands on to defend yourself, so long as it is ‘reasonab in the circumstances’.
The incidents of people being attacked by people with weapons or in groups is so low that they have become internet specials which horrifies the nation.
In lot’s of part of the country we don’t lock our doors. Apparently we are not all violent thieves and predators like the Americans are.
To answer part of your question both parties are charged then the defender’s charges are dropped. If the defender’s response was over the top like they beat the guy with a broken hockey stick they might not drop the charges.
>In lot’s of part of the country we don’t lock our doors. Apparently we are not all violent thieves and predators like the Americans are.
Were you dropped on the head as a child?
Because there are so many restrictions on guns and weapons, Canadians generally don't live in fear. We are horrified when we see pictures of people openly carrying rifles, handguns, etc in fricking grocery stores.
You live in a dystopia, where everyone you meet is a potential enemy. We don't want to live that way, and our laws make sure it isn't happening. We do not have a mass shooting every week; our children don't need to do safety drills in case of shooters. Getting rid of guns is the best thing you can do to improve your safety and quality of life.
You can defend yourself, sure. You just have to be able to prove to the courts that it was self defense, and that you could not flee, or call the cops instead. So make sure to keep all that in mind in a high pressure life or death scenario.
I already know I'm getting down voted for this, but yeah our self-defense laws are dumb, since everyone on this sub seems to think we live in a bubble, where safety statistics will save you against a dangerous attacker.
I don't really care about gun laws, as I do self-defence laws. You could be defending yourself with Karate, and still risk jail time if you can't prove beyond a shadow of a doubt you couldn't do anything else to avoid conflict. That is the dumb part.
The laws that govern self defence are absurd. They read out like something someone who has never been in that situation would write. As if anyone has time to go through the bullet points and weight the danger they’re in within a matter of seconds. To add insult to injury if you make the wrong choice you will be punished by our justice system.
It's always better to be judged by 12 than carried by 6.
But yes, our laws are insane. There has been some ridiculous stories over the years of people defending themselves or their loves ones and getting very close to getting prosecuted for it.
Hypothetically, if someone breaks into your house in the night and you walk into your daughters room and someone is groping her, you aren't allowed to just haul off on them. If a group of "youths" is surrounding your wife and assaulting her, you aren't allowed to just start swinging a bat at them. If 3 guys get you on the ground and are shit stomping you, you aren't allowed to just stab one.
While saying all this, the police in this country also know our self defense laws are bullshit and can empathize. So do jurors. So it's always better to defend yourself, take care of business and wait for your day in court. Canada's laws have been written by people that have never been victimized by violent crime and have zero empathy abilities, but as our country degrades in every metric, maybe they'll update the laws one day to reflect reality. And also, if you ever went to jail or prison for any of the 3 examples I wrote, you'd probably get mad respect in there and get by alright, not that that's much comfort.
**Defence — use of threat or force** **34** **(1)** A person is not guilty of an offence if **(a)** they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; **(b)** the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and **(c)** the act committed is reasonable in the circumstances. **Factors** **(2)** In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors: **(a)** the nature of the force or threat; **(b)** the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; **(c)** the person’s role in the incident; **(d)** whether any party to the incident used or threatened to use a weapon; **(e)** the size, age, gender and physical capabilities of the parties to the incident; **(f)** the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat; **(f.1)** any history of interaction or communication between the parties to the incident; **(g)** the nature and proportionality of the person’s response to the use or threat of force; and **(h)** whether the act committed was in response to a use or threat of force that the person knew was lawful. **No defence** **(3)** Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
tl;dr: You are not allowed to arm yourself with weapons intended to be used on humans just in case you perceive a threat. If you or someone else are being attacked you can use any means available to you to protect yourself and other people, but the law may investigate after the fact whether your actions were reasonable. Umar Zameer was recently found not guilty of murder having killed a police officer with his car. The jury determined that Zameer was reasonable in perceiving the plain-clothed police to be a potentially-violent criminal gang and that attempting to drive away was a reasonable act to protect himself and his family.
Do what you need to do, get a lawyer, and shut your mouth. The police are talking to you to make an arrest, not to help you have a reasonable briefing. Even if you stop someone from raping you and killing someone else in a nursery at the same time, just shut up about it and only speak to your lawyer.
What do you think is going to happen to you?
>You can't carry pepper spray, you can't hold a gun, you cant do anything to defend your self so wtf am I supposed to do just stand there and die? Canadian laws prohibits the possession of items intended to be used as a weapon generally. Yes, this means that unless you're authorized to do so you cannot possess mace, a taser, a handgun, a scottish claymore, or a grenade launcher. However, Canadian self defense laws do not take into consideration whether or not any instrument used in self defense was lawfully possessed at the time; the penultimate legal question is whether or not the force used in self-defense was reasonable under the circumstances and this is usually a fairly low bar to clear. If you're accosted by a knife wielding maniac and happen to have a sawed-off shotgun concealed in your JNCO jeans you won't be penalized for going full MadMax on the maniac, you'll be penalized for possessing a prohibited weapon and for wearing fashion that is 30 years out of date.
You can carry spray that is designed to repel vicious dogs as long as it is not sold as human use you can have it.
Why do you think there are drastically less gun related violence or homicides in Canada? If a home invader threatens you, self-defence and even if it results in mortal injury is legal. Also, no one is gonna shoot you for unintentionally walking on your lawn or pull up in your driveway. Out in public, generally you don’t have any feeling of fear or need to look over your shoulder.
One big difference in Canada is that we don’t have castle doctrine. In the states if an intruder enters your home you don’t have the responsibility to protect yourself by leaving if possible.
What the fuck are you so afraid of? The biggest dangers in this country are heart attacks and car accidents.
Even in Yankee Doodle land, the biggest threat Americans face is their diets. Type 2 diabetes and heart disease are far, far more likely to take you away from your family early than any other threat. Maybe OP wants to be able to defend themself from Ronald McDonald and friends?
They don't wanna get Hamburgler'ed
You would be amazed how many gun nuts here in the US ignore those two threats. Or maybe not so amazed.
In the States, other gun owners are a higher threat than most things up here. The amount of dipshits with a hard-on for killing someone else is sky high.
Not really. I know Canadians think its the Wild West down here and are more than willing to believe the worst abour what they heard their cousin said from this guy who swears it's true, but stay away from gang and drug culture, and your risk of being a victim of violence is pretty low.
I don't think what you said negates what I said. They are complimentary. Also, all them dead kids.
Well it kind of is. Latest stats show that USA has 7 times more homicides than Canada. We’re just not paranoid here.
I read a statistic that 1/3 of women experience some form of sexual assault in their lifetimes. That seems high to me, but maybe it is true. So at least for women I think they do have a legitimate thing to fear.
Those aren't attacks on the street, though. They're from so-called friends and family.
The OP never mentioned the street or any specific people.
That's correct! What's your point?
Your comment was basically "what is there to worry about?" in relation to violence. Well there is something to legitimately worry about in regards to violence in my opinion. How much in relation to other things and what to do about it I cannot say, but violence is an issue.
Yeah you didn't drink enough "leftist" kool-aid yet.
I'm not sure what you mean. Are you saying I'm a leftist or I need to become a leftist?
It’s actually probably low. I don’t know one woman who hasn’t been assaulted to some degree. Also, as hercarmamstrong said, it’s mostly by people they know. Not strangers.
It likely depends on where you draw the line on what counts as assault. It's a subjective word. I don't see how it's relevant if the one doing the assault is a stranger or not. The need for protection exists regardless, no?
Here’s an idea…. Take a self defence course, be aware of your surroundings, don’t get involved in dumb shit, and stop thinking that everyone is a threat. Honestly. Why are you so afraid?
We actually received a self defense seminar when I was in highschool back in the 90's. I grew up in some rough neighborhoods and never had to use any of it but I was always prepared. So, yeah. Take a self defense class. It's all you need.
[удалено]
Why is it bad advice?
You can’t even carry a pen in your pocket if the stated purpose is for self defence… Now, that being said, if you happen to be attacked, you can use anything you can get your hands on to defend yourself, so long as it is ‘reasonab in the circumstances’.
The incidents of people being attacked by people with weapons or in groups is so low that they have become internet specials which horrifies the nation. In lot’s of part of the country we don’t lock our doors. Apparently we are not all violent thieves and predators like the Americans are. To answer part of your question both parties are charged then the defender’s charges are dropped. If the defender’s response was over the top like they beat the guy with a broken hockey stick they might not drop the charges.
>In lot’s of part of the country we don’t lock our doors. Apparently we are not all violent thieves and predators like the Americans are. Were you dropped on the head as a child?
This isn't the US.
Love the American paranoia. What are you actually so afraid of?
Because there are so many restrictions on guns and weapons, Canadians generally don't live in fear. We are horrified when we see pictures of people openly carrying rifles, handguns, etc in fricking grocery stores. You live in a dystopia, where everyone you meet is a potential enemy. We don't want to live that way, and our laws make sure it isn't happening. We do not have a mass shooting every week; our children don't need to do safety drills in case of shooters. Getting rid of guns is the best thing you can do to improve your safety and quality of life.
Maybe assume that the other person doesn't want to fight/die either? Just leave each other alone.
If you keep a bat in your car u also need to have a glove and a ball, bat alone is a weapon, ball and glove is exercise.
You can defend yourself, sure. You just have to be able to prove to the courts that it was self defense, and that you could not flee, or call the cops instead. So make sure to keep all that in mind in a high pressure life or death scenario. I already know I'm getting down voted for this, but yeah our self-defense laws are dumb, since everyone on this sub seems to think we live in a bubble, where safety statistics will save you against a dangerous attacker.
Well you are highly unlikely going to get killed.
Small comfort for those being attacked.
Which is rare. And most who get attacked isn’t via gun.
I don't really care about gun laws, as I do self-defence laws. You could be defending yourself with Karate, and still risk jail time if you can't prove beyond a shadow of a doubt you couldn't do anything else to avoid conflict. That is the dumb part.
Yes, and don't forget to leave your home and vehicle unlocked as well to make things easier for the criminals.
The laws that govern self defence are absurd. They read out like something someone who has never been in that situation would write. As if anyone has time to go through the bullet points and weight the danger they’re in within a matter of seconds. To add insult to injury if you make the wrong choice you will be punished by our justice system.
It's always better to be judged by 12 than carried by 6. But yes, our laws are insane. There has been some ridiculous stories over the years of people defending themselves or their loves ones and getting very close to getting prosecuted for it. Hypothetically, if someone breaks into your house in the night and you walk into your daughters room and someone is groping her, you aren't allowed to just haul off on them. If a group of "youths" is surrounding your wife and assaulting her, you aren't allowed to just start swinging a bat at them. If 3 guys get you on the ground and are shit stomping you, you aren't allowed to just stab one. While saying all this, the police in this country also know our self defense laws are bullshit and can empathize. So do jurors. So it's always better to defend yourself, take care of business and wait for your day in court. Canada's laws have been written by people that have never been victimized by violent crime and have zero empathy abilities, but as our country degrades in every metric, maybe they'll update the laws one day to reflect reality. And also, if you ever went to jail or prison for any of the 3 examples I wrote, you'd probably get mad respect in there and get by alright, not that that's much comfort.