You have the right to self-defence, within reasonable limits

By LegalMatters Staff • What occurred during a home invasion in Halifax last year provides a good example of what is permissible under Canada’s self-defence laws. It started when two men wearing masks and carrying weapons broke into a home in the early evening. They were confronted by two male occupants and one of the intruders was fatally stabbed.

Even though the death was ruled a homicide by the Nova Scotia Medical Examiner Service, no charges were laid. Police say the men committed other home invasions and that investigators decided not to charge the home’s residents because they were acting in self-defence.

Such defensive actions are permissible, as long as they are “reasonable in the circumstances,” says Ottawa criminal lawyer Céline Dostaler.

She notes the Criminal Code lists nine factors that should be considered when determining if the use of force is reasonable when defending oneself. They include the nature of the threat, the extent to which the use of force was imminent and if there were other means available to respond.

“When officers investigate a crime involving self-defence, they must decide if the person’s actions would be considered appropriate by a reasonable person,” Dostaler says. “If they decide to lay a charge, the court must determine if a reasonable amount of force was used.”