They ALWAYS get charged. They almost never get convicted. You have the right to self defense.
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If someone intrudes are you just supposed to let them?
Well, it is a police matter right?
But the best case scenario is 5 min response, and you’re facing a meth addict with a gun. What the heck are you supposed to do, besides defend yourself and family with whatever is at hand? Lunacy.
In Canada it is illegal to not offer intruders beer in evenings or coffee in the mornings.
The article specifically states that the intruder was charged with possession of a weapon for a dangerous purpose. Its likely the victims use of force prevented the weapon being used against the victim.
Huh? How does the text not support this being likely?
And investigations are launched in those incidents to determine things like whether it was actually a deadly weapon or an inhaler that the cops lied about.
I get your example, and you should probably resist killing your ex. Any other rando appearing inside your house should be dealt with.
I am advocating to do what I need to do to neutralize a home intruder. If they happen to end up dead, I don’t want to be blamed for it. Self defense is not an exact science and I think making homeowner considering the wellbeing of the intruder is ridiculous.
Now that's a disingenuous situation. Let's say she attacks you with a knife and in that lunge you grab her hand and make her stab herself. You still lose that.
Lesson here is don't call anyone, as your families safety is not important.
I’m pretty sure that’s the proper procedure. They will charge him, the procurer will choose to follow up or not IF the crown choose to prosecute he will plead self defence (likely win) and will have to prove that he had properly store his firearm.
I’m not a lawyer so maybe I’m in the wrong but I’m pretty sure that’s how it works
You aren’t wrong actually, I made a post a yesterday I believe which Criminal Defence attorney Jordana Goldlist explains that self defence in Canada occurs at trial, people who justifiably defend themselves and are arrested have to essentially sit in legal limbo waiting for a judge or jury to determine their outcome which really isn’t fair for the victim given they’re forced to relive the moments of the event.
If the person defending themselves went way out of line I absolutely agree they should be prosecuted however, there needs to be some change in the system that doesn’t immediately criminalize the victim.
A person illegally enters your home, they forfeit life. That's how the laws should be.
My neighbour's mom came to visit and got the wrong house. She just opened my door and walked right in.
Unfortunate, but ultimately my neighbour understood I had to keep my family safe. He was actually very apologetic on behalf of his mother. They said she was a sweet lady, but anyone who so brazenly breaks the law is surely a danger to society.
I'd kill him and bury the body if that happened to me. Already had this talk with family, we only call the police if it is the only option available.
I think that is safer than relying on Canada's self defence laws to protect us, because they don't.
The problem with that is if you do get caught now, the actions of hiding the body and killing someone who otherwise was wounded, will significantly impact the trial and it will likely lean more on the murder side than self defense at that point.
Boy, that's sure going to deter me from defending my family! What effective legislation!
Given the nature of the situation, I'm not at all surprised that both parties are facing charges.
That's only been required for 20 years. Ffs Canada, common sense. Just let yourself get mugged, raped, murdered- no self defense or defending your own home against invader. Lest you too be charged and sent to jail with the offender
Self defense needs limits. Wait to find out more details before judging. He could have been beating an unconscious person with a baseball bat for 10 mins for all we know. Defense of property doesn't merit risk of a life. Only defense of life should be worth life threatening force.
The intruder was charged with possession of a weapon for a dangerous purpose. It is certainly possible the victims life was at risk.
absolutely... but the devil is in the details.
the intruder coud have had a pocket knife in his pocket and still would merit the charge.
given the police statement, it does sound like the home owner went overboard but more details are needed before understanding the charges
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