Newest Update of This Page: 17 March 2024
Overview
- Canadian law recognizes the use force for personal protection.
- Section 34 of the Criminal Code covers the legitimate “use or threat of force” for self-defence.
- Many factors are considered to assess if the use of force in response to a threat is justified.
- Section 34 doesn’t specify the tools or techniques that may or may not be used.
- It doesn’t mention firearms or bullets.
- Judges recognize the legal defence of “self-defence.”
- In some cases, they have acquitted individuals who were charged with murder for having shot and killed their aggressors, even when the defender possessed their firearms and ammunition unlawfully.
- Stand Your Ground. Canadian law recognizes the principle of “stand your ground.” The law doesn’t mention any “duty to retreat,” although judges may consider whether the defender retreated or not.
- Theory Vs. Reality: The Punishment Is the Process. In theory, Canada’s self-defence law is pretty good: short, clear, and logical. Things get messy when you exit theory and enter reality.
- If you use bullets (or anything else) to protect yourself against attackers, your life will change forever and it might not be easy or pleasant. (Family, friends, career, psychology, finances, …).
- Police will almost certainly charge you with murder and jail you. They will throw you down and handcuff you in front of your family and neighbours. They will confiscate all your guns.
- Judges have a lot of leeway in how they interpret the law. Many of them have zero experience with guns or self-defence, and many of them are anti-gun activists who use the courtroom to advance their political agenda. Even if the judge finds you innocent, it might take years and $100,000+. And the other side can appeal.
- If you are considering using guns and bullets for self-defence, we strongly urge you to get trained by professionals in this field. Your training should include: ethics, law, morality, psychology, physiology, tactics, tools, how to communicate with police, and more.
Legislation
- Criminal Code, Section 34 (Came into force in March 2013)
- See also the Department of Justice’s Technical Guide for Practitioners
What the Law Says
Source: Criminal Code, Section 34
Defence — Use or Threat of Force
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 against them or another person;
- (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
- (c) the act committed is reasonable in the circumstances.
Factors
(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
- (a) the nature of the force or threat;
- (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
- (c) the person’s role in the incident;
- (d) whether any party to the incident used or threatened to use a weapon;
- (e) the size, age, gender and physical capabilities of the parties to the incident;
- (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
- (f.1) any history of interaction or communication between the parties to the incident;
- (g) the nature and proportionality of the person’s response to the use or threat of force; and
- (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
No Defence
(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
—Source: Criminal Code, Section 34
Self-defence is a big topic, and self-defence with guns and ammo is an even bigger topic.
- It’s one of the most interesting and important subjects at TheGunBlog.ca.
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More Resources
- Our articles on self-defence
- Rick Hemmingson (Castanet): Self-Defence and Firearms in Canada
- Global News, Feb 2023: Self-defence in Canada: When Lethal Force Could Be Legal — And When It Isn’t (Quotes Solomon Friedman)