You have the right to self-defence in Canada, within limits

By LegalMatters Staff • Some Canadians are unsure if they have a right to self-defence, especially after hearing stories about citizens being charged after they took self-defensive measures,

“Simply stated, Canadians have the right to safeguard themselves, as long as their defensive actions are proportional to the circumstances,” says Calgary criminal lawyer Vince Semenuk. “However, since both of those terms are subjective, it is often unclear what is reasonable and proportional when it comes to self-defence.”

He notes that the Criminal Code states that self-defence is permitted if a person believes that someone else is about to use force against them and their response is reasonable.

“The difficulty is determining what is reasonable,” says Semenuk. “In most cases, the use of lethal force exceeds the limit of legitimate self-defence. The only exceptions are when lethal force is the only option to deal with a perceived threat of bodily harm or loss of life.”

He notes that in Alberta, the provincial legislature amended the Trespass Statutes in the Occupiers Liability Act in 2019 to enhance “protections for law-abiding Albertans and their property to help combat rural crime.”

“Landowners can still be held liable if they use, or threaten to use, firearms against people on their property,” says Semenuk.

He explains that police tend to lay charges whenever someone is seriously injured or killed in an incident, then leave the assessment of self-defence up to the Crown and the courts.