Canadians have a right to engage in self-defence, within reason

By LegalMatters Staff • Canadians who are unsure about their rights when it comes to self-defence can look to s.34 of the Criminal Code. It states you are allowed to take action to defend yourself if force is being used against you or another person and your response is “reasonable in the circumstances.” 

“Those last four words are key in determining when self-defence is justified,” says Ottawa criminal lawyer Céline Dostaler. “Any time self-defence is argued, it always comes down to the question: What would a reasonable person do in that circumstance?”

To help courts determine what is a reasonable response, the Code lists nine factors to consider. These include the nature of the force or threat, the extent to which the use of force was imminent and whether there were other means available to respond.

Dostaler says she defended a woman who was trying to keep a man she knew out of her home. She feared he was angry and was going to hit her, or worse. He was able to jam his foot in the door so the woman grabbed a kitchen knife and jabbed at the door frame, cutting him in three places.

“Were her actions reasonable self-defence? I argued they were but the judge disagreed,” she says. “However, despite being found guilty of assault causing bodily harm and assault with a weapon, my client was given an absolute discharge.”