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Old 01-16-2008, 07:54 PM   #15
worth
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They should be aware that if they use it against someone, they could be in a sticky situation.

I quoted this in another thread, but people need to be aware of the laws:

Quote:
Criminal Code, Sections 34
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
I know mace isn't going to cause death, but I think one of the main points is the criminal code pretty much says you need to be assaulted first in order to defend yourself. I'm not sure how maceing someone who hasn't yet attacked you, but looks like they probably will attack you will hold up in court. Maybe someone with a law background can explain further?
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