When Is Self Defence Legal in Canada?

Under Section 34 of the Criminal Code, self-defence is always a legal defence strategy provided that certain criteria are met. In other words, self-defence is not as freely used in Canada as it is by our neighbours to the south governed by US law. In today’s blog article we are going to briefly discuss the nuances of self-defence as used in Canada for criminal defence.

3 Requirements

There are three requirements needed in order to use self-defence as a successful defence strategy: one has to reasonably believe that force or threat of force is being used against you or someone else, your actions are solely to defend yourself (or someone else), and your actions or response must be reasonable under the circumstances.

What the Judge or Jury Consider

So, if a self-defence strategy is used, the judge or jury will be considering the “reasonableness” of your actions. They will consider the following:

Proportionality

Did you respond in proportion to what you experienced?

History

Is there evidence that you might hold a previous grudge against someone and perhaps acted in retaliation?

Physicality

The size and strength of everyone involved.

Imminence

Was it reasonable for you to feel like you (or someone else) were (was) in imminent danger?

Nature of Threat

What happened?

Weapons

Were weapons involved?

The point here is that if you injured or killed someone, the defence has to demonstrate that your actions would be considered reasonable to the common man or woman under the circumstances. The bar is set considerably higher in Canada than in the US for self-defence to be a successful strategy.

If you have been charged with a criminal offence, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

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.