The Use of Force in Self-Defence in the Criminal Code in Canada

The Criminal Code in Canada allows for the protection of individuals who act in self-defence. What is key to understanding self-defence as a defence strategy is that whatever force is used in self-defence is reasonable and proportional to the threat.

A person who uses force in self-defence is not committing a crime if the following is true:

• That the person believed on reasonable grounds that force was being used against that person or someone else or that force was threatened to be used against that person (or someone else.) Yes, you can act in self-defence defending someone else, such as a friend or loved one with you. And….
• That the force used was solely and reasonably used to protect this person or someone else. And….
• That the force used was reasonable under the circumstances.

Reasonable is the operative word, here. And there is a relatively high bar to meet in Canada for using serious force in self-defence compared to some other countries, such as the United States.

One other important point is that even if the person was mistake or incorrect in his or her belief that there was a threat against them, self-defence can still be used as a defence, as long as the individual had a reasonable belief that there was a threat.

If you have been accused of a crime and need to use self-defence as a defence strategy then you will need a criminal lawyer to defend you and your interests. Hire a criminal defence lawyer without delay and do not make any statements to the police without first consulting your lawyer. This is your right.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.