Understanding Self Defence in Canada: Know Your Rights – By Rob Andress
Introduction
Self-defence is a topic that is often misunderstood in Canada. Many believe that they do not have the right to defend themselves if they face a situation where they have no other option. This misconception can lead to dangerous outcomes. To clarify these misconceptions, it’s essential to understand what self-defence entails according to the Canadian Criminal Code.
The Canadian Criminal Code and Self Defence
To discuss self-defence, we first need to look at the Canadian Criminal Code, specifically Section 34. This section outlines the conditions under which a person is not guilty of an offence when using force for self-defence:
- Section 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.
- (b) The act constituting the offence is committed for the purpose of defending or protecting themselves or another person.
- (c) The act committed is reasonable in the circumstances.
Factors to Consider
Determining whether the act committed is reasonable involves considering various factors, including but not limited to:
- The nature of the force or threat.
- The imminence of the threat and the availability of other means to respond.
- The person’s role in the incident.
- Whether any party used or threatened to use a weapon.
- The size, age, gender, and physical capabilities of the parties involved.
- The history of the relationship between the parties.
- The proportionality of the person’s response to the threat.
Misunderstandings About Self Defence
A common misunderstanding is that Canadians cannot defend themselves. This is not true. Canadians have the right to defend themselves and their property, provided their actions are reasonable under the circumstances. However, understanding what is reasonable can be complex.
For example, if an intruder enters your home, you can use force to prevent them from harming you or your property. However, the force used must be proportional to the threat. Using lethal force is generally only justified if you perceive an immediate threat to your life or severe bodily harm, and no other reasonable options are available.
Advice for Parents and Individuals
If you tell your children to “not hit first, but finish it,” reconsider this advice. By doing so, you may be placing their safety in the hands of others. Instead, teach them to understand their rights and the importance of using reasonable force if they, or you, ever face a situation where you have no other choice.
Practical Application
Our company, Street Safe Self Defence Training Company, specializes in educating various groups, including health care professionals, municipal workers, and high school students, about managing violence within the scope of the Canadian Criminal Code. We emphasize that physical violence should be the last resort. If you can safely remove yourself from a situation or ensure the safety of others without using force, these are the most reasonable actions.
Conclusion
Understanding your rights under Section 34 of the Canadian Criminal Code is crucial for your safety and legal protection. Self-defence in Canada is based on the principle of reasonableness, taking into account all the circumstances surrounding an incident. If you want to learn more about violence prevention and self-defence, please contact us at Street Safe Self Defence Training Company.
For more information, visit our website at Street Safe Self Defence or call us anytime.