The Great Gun Control Debate- 2.0

[Haggis]

There was another home invasion in my county last February in which the victims did use a firearm (possibly that of the intruders, but it's unconfirmed) resulting in the deaths of two of three intruders. No charges have been laid to date and the victims, who were initially taken into custody, were released unconditionally. The third intruder has not been apprehended.

 

[brihard]

The Kawartha Lakes Police Chief was quoted saying the charges were laid because the force use has to be proportional and reasonable. If you read the info at the link I posted yesterday, you would see that he is wrong. The test now is was the force used reasonable. The need for proportionality in response to an assault is gone. The other aspect to consider is did the victim's use of force continue after the intruder no longer posed a credible threat?

34(1)(c) establishes the reasonableness requirement. 34(2) lists the things to be statutorily considered in assessing reasonableness, which is an ‘in its totality’ question. ‘Proportionality’ is listed under 34(2)(g). Grossly disproportionate force is generally not going to be able to be reasonable.

As more is coming out in rumour form I’m more and more curious about the details of what actually happened.