Self Defence in Canada (split from Gun Control 2.0)

[Brad Sallows]

I wonder how many people assume "reasonable" is approximately equivalent to "equal". Someone defending himself should not be obligated to make it a "fair fight".

 

[Haggis]

I wonder how many people assume "reasonable" is approximately equivalent to "equal". Someone defending himself should not be obligated to make it a "fair fight".

Self defence is rarely, if ever, a fair fight. In order to defend yourself you must, in most cases, overcome the threat to you.

That is where the 34(2)(g) comes into play and why the requirement for proportionality became a factor, as Brihard pointed out earlier, and no longer a hard requirement following the changes in 2012.

 

[lenaitch]

Self defence is rarely, if ever, a fair fight. In order to defend yourself you must, in most cases, overcome the threat to you.

That is where the 34(2)(g) comes into play and why the requirement for proportionality became a factor, as Brihard pointed out earlier, and no longer a hard requirement following the changes in 2012.

A the public outcry from this case was the impetus for the 2012 change:

https://archive.ph/3racP

 

[Fishbone Jones]

As I recall, police did a no-knock warrant on a house with a family in it. Father thought it was a rival gang, told daughter to call 911 and then shot a undercover cop who burst into the room armed with a service pistol. Homeowner was charged with murder, but successfully argued self-defense, as he believed that they "rival gang" might murder him and his family. I think one of the key elements was that they called 911. This is all by memory, so I might have gotten some detail wrong.

IIRC, the cops also failed to identify themselves as police.

 

[Fishbone Jones]

I wonder how many people assume "reasonable" is approximately equivalent to "equal". Someone defending himself should not be obligated to make it a "fair fight".

When you're doing life or death, there is no such thing as a fair fight. And properly, a threat is not neutralized until they are down and incapacitated.

 

[KevinB]

When you're doing life or death, there is no such thing as a fair fight. And properly, a threat is not neutralized until they are down and incapacitated.

A subject on the ground with arms out and palms up isn’t a current threat.

For self defense to apply, the subject must be an active threat, not a potential threat.

Using the words “neutralized”, and “down and incapacitated” for a civilian in a self defense situation is a recipe for disaster. Even down here it will open you up to a heck of a lot of legal issues, if not criminally, definitely in civil actions.