Self-defence is a vital legal defense for individuals facing assault. It involves responding to force or threats of force with reasonable force to protect oneself or others from an imminent attack. In March 2013, the Citizen’s Arrest and Self-Defence Act replaced the former self-defence sections of the Criminal Code in Canada, introducing new provisions that outline the requirements for self-defence.
To successfully claim self-defence, three key requirements must be met. First, the individual must have a reasonable belief that force or threats of force are being used against them or another person. Second, the act that constitutes the offense must be committed solely for the purpose of defending or protecting oneself or others from the use or threat of force. Finally, the act committed must be considered reasonable in the circumstances.
When evaluating whether an accused acted in self-defence, the court considers various factors as outlined in the Criminal Code. These factors include the nature of the force or threat, the immediacy of the use of force, the availability of alternative means to respond to the potential use of force, the role of the person in the incident, the use or threat of a weapon by any party, the physical capabilities and characteristics of the parties involved, the history of the relationship between the parties, including prior use or threat of force, and the proportionality of the accused’s response to the use or threat of force.
It is important to note that this list of factors is not exhaustive, and other relevant factors may be considered by the court. The weight given to each factor depends on its importance in the context of the incident.
It is also crucial to understand that the court takes into account the stressful and dangerous nature of the situation when evaluating the accused’s actions. The court asks whether a reasonable person in the same circumstances would have acted similarly, considering the limited time for reflection and the fear experienced by the accused.
While the accused is not obligated to retreat, the court may consider whether the option of retreat was reasonably available. If the accused could have easily retreated instead of using force, the court may find the response unreasonable. However, it is important to note that a person defending themselves and others in their home is not obligated to retreat in the face of danger.
Proportionality of force is another crucial factor in self-defence cases. The court may consider whether the force used by the accused was disproportionate to the threat faced. The use of excessive force that could have been reasonably avoided may render self-defence unavailable as a defense.
If you have been charged with assault, it is imperative to seek legal advice from a qualified lawyer. A lawyer can help determine the available defenses, identify issues for trial, and provide necessary guidance. If you, a friend, or a family member is facing criminal charges, do not hesitate to contact me for a free initial consultation. I am here to assist you in navigating the complexities of self-defence law and protecting your rights.