Property defence must be reasonable in the circumstances

By LegalMatters Staff • Many Canadians are unclear about what rights they have when it comes to self-defence. In Alberta, that has been an issue in disputes where landowners have encountered uninvited people on their property. In one recent case, two men lost their lives, with the property owners claiming they were acting in self-defence. The court rejected that claim.

Calgary criminal lawyer Matthew Deshaye notes that while people are discouraged from taking the law into their own hands, citizens are allowed to defend themselves.

“However, there must be a tangible threat and the force to counter that must be reasonable in the circumstances,” says Deshaye. “Any defensive action must stop once the attacker backs down, as no one is legally permitted to use more force than is necessary.”Deshaye says the Criminal Code lays out nine factors that must be considered when determining if the self-defence was reasonable. They include the nature of the force or threat and the extent to which the use of force was imminent.

People also have the right to defend their property, he says, noting, “the Code reminds people that the self-defence actions must be ‘reasonable in the circumstances.’”