Self-defence is a fundamental right enshrined in Canadian law, allowing individuals to protect themselves and others in situations where they face imminent harm. However, the legal framework governing self-defence is complex, requiring a careful balance between protecting individual rights and maintaining public safety.
The Legal Foundation of Self-Defence
Self-defence laws in Canada are codified in Section 34 of the Criminal Code. These legal provisions allow individuals to use force, including deadly force, if necessary, to protect themselves or others from harm. The essence of self-defence lies in the principle that individuals should not be held criminally liable for actions taken to prevent an attack or threat of attack.
Could a claim of self-defence be used in your criminal case? Understanding your rights and how self-defence laws apply to your situation is crucial. Call us at (306) 994-9522 for a free consultation with an experienced criminal defence lawyer.
Three Key Elements of Self-Defence
The law outlines three critical elements that must be met for a claim of self-defence to be valid:
- Reasonable Belief of Threat (Section 34(1)(a)): The accused must have a reasonable belief that force or a threat of force is being used against them or another person. This belief must be grounded in the circumstances perceived by the accused.
- Purpose of Force (Section 34(1)(b)): The action taken must be for the purpose of defending or protecting oneself or others. Any action taken for revenge or other motives does not qualify as self-defence.
- Reasonable Response (Section 34(1)(c)): The force used must be reasonable in the circumstances. This means that the response must be proportionate to the threat faced, considering all relevant factors, including the nature and imminence of the threat, the parties’ physical capabilities, and any available alternatives.
Real-World Application of Self-Defence Elements
In a recent case, Mr. Robinson defended a client who faced charges after a confrontation. Here’s how the elements of self-defence were applied:
- Reasonable Belief of Threat: The accused testified that the other party lunged at them and threatened that they might have a knife. A jury might conclude that the accused genuinely believed they were under threat.
- Defensive Purpose: The accused testified that they feared a deadly attack and testified that they believed the other party was armed. The testimony made the suggestion that the purpose of their actions was to protect themselves from imminent harm.
- Reasonable Response: The accused testified that they struck the attacker with a bat only after determining that there were no other options. They testified that their car door was kicked shut, blocking escape, and attempts to de-escalate by striking the attacker’s hands failed. The accused could argue that their actions were objectively reasonable.
Don’t navigate your charges alone. Our team of skilled criminal lawyers are here to help you explore all possible defences, including self-defence. Call us today at (306) 994-9522 to schedule your complimentary consultation.
Factors Affecting Reasonableness
Section 34(2) of the Criminal Code provides a non-exhaustive list of factors that courts consider in assessing the reasonableness of the response:
- Nature and imminence of the threat
- The accused’s role in the incident
- Use or threat of a weapon
- Size, age, gender, and physical capabilities of the parties
- History of the relationship between the parties
- Proportionality of the response
The Air of Reality Test
Before a self-defence claim can be put to a jury, it must meet the “air of reality” test, as outlined in R. v. Cinous, Jacques 2002 SCC 29. According to the Supreme Court of Canada, a defence should be presented to a jury only if there is an evidentiary foundation for it. The trial judge must consider all defences that arise from the facts but must exclude those lacking an evidentiary basis. This test imposes an evidentiary burden on the accused rather than a persuasive one. The judge must assume the evidence relied upon by the accused to be true and decide if it discloses a real issue for the jury to decide, without weighing the evidence or assessing its credibility.
Self-Defence and Citizen’s Arrest
In addition to self-defence, Canadian law permits citizen’s arrests under Section 494 of the Criminal Code. This provision allows individuals to arrest a person committing an indictable offence or escaping lawful custody. However, such arrests must be made with caution, as excessive force could result in criminal charges.
Navigating Self-Defence Claims
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer
Don’t hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.