I generally agree, though I wouldn’t be opposed to a discrete offence for home invasions where the home is believed to be occupied or the accused is reckless to the likelihood. Anyway though that was more tangential to options on how we’d capture the stats.
Self Defence in Canada (split from Gun Control 2.0)
- Thread starter Jarnhamar
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As a complete layman in the legal world, I think this might be a useful distinction for crime stats tracking.
Breaking into an obviously empty structure is very different from breaking into a structure that is clearly, or likely occupied.
As a youngster, I myself engaged in some minor "break and enter" of old cottages that weren't used much. That's an entirely different beast than kicking down the door of a home you know people are in.
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True, but you can subdivide stats without necessarily changing the law. Impaired operation by drug vs alcohol, for example.
Halifax Tar
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What a horrible story...
12 hours to get police to show up...
12 hours to get police to show up...
OldSolduer
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One day we will see a lynching in a major urban center where some ne'er do well has been nabbed by ordinary people....who in other situations might be very good people.
Desperate times....make....
B.C. judge says self-defence can include expelling someone who has outstayed welcome
A B.C. Supreme Court judge says self-defence rules that allow people to arm themselves against an intruder can also include situations where someone refuses to leave after initially being welcomed.
www.ctvnews.ca
A step in the right direction?
Sounds like a totally reasonable decision to make.B.C. judge says self-defence can include expelling someone who has outstayed welcome
A B.C. Supreme Court judge says self-defence rules that allow people to arm themselves against an intruder can also include situations where someone refuses to leave after initially being welcomed.
A step in the right direction?
Halifax Tar
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B.C. judge says self-defence can include expelling someone who has outstayed welcome
A B.C. Supreme Court judge says self-defence rules that allow people to arm themselves against an intruder can also include situations where someone refuses to leave after initially being welcomed.
A step in the right direction?
A surprising take...
Perhaps my faith in our judiciary can be saved...
Haggis
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I'm glad to see his Honour drawing a parallel to bar bouncers. Had this gone the other way, it could've opened up a huge can of worms for the hospitality industry.
Tracking the legal authorities on that, bouncers are generally acting as an agent of the owner/tenant of the property. This generally gives them authority under provincial trespass act to remove or arrest trespassers. As soon as they’re acting with that legal capacity, section 25 of the Criminal Code offers a defence to reasonable and necessary use of force. There’s no reason for that not to apply to an individual who determines that someone is no longer permitted to be in their residence. Expanding this to recognize the applicability of self defence is those persons are assaulted in the case of lawfully using reasonable force is also a no brainer. This does still all come back to the usual considerations of force used being defensible as ‘reasonable’.
Haggis
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Years ago when I worked for a few months as a "doorman", we were briefed during our training on some case law under the old self-defence provisions which involved excessive force. The main thrust back then was to ensure none of us carried any weapons while working.
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