06-08-2022, 02:57 PM
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#1735
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Ben
Join Date: Jan 2004
Location: God's Country (aka Cape Breton Island)
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Quote:
Originally Posted by Maritime Q-Scout
You cannot defend yourself with more force than is necessary.
If you put up your dukes, I don't get to shoot you. I don't get to stab you.
Even if you have a gun, and I have a gun, if I have a reasonable means to escape, I don't get to shoot you.
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Quote:
Originally Posted by Envitro
Reasonable force is always the caveat that the courts use to determine whether it was justifiable or not.
LIke you said, if someone attacking you has a knife and is coming at you, you are allowed to use reasonable force to stop them, up to and including the use of firearm.
It's not reasonable to say that "they have a knife, they're in my house, and about to attack me, so I had to defend myself with a knife".
Also, "reasonable means to escape" is not a legal argument. By Canadian law you are not expected or required to escape from your home. Check into it.
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Credit where credit is due. This is the US Mass Shooting Thread. Depending on the state you can shoot anyone on your property if you feel threatened whatsoever.
However, here in Canada Kruse Law Firm has a good summary here:
https://www.kruselaw.ca/library/usin...-kruse-law.cfm
Quote:
The Criminal Code, section 35, defines our rights with respect to defending our property. If we believe, on reasonable grounds, that someone is unlawfully entering our property or about to damage it, we can take reasonable actions to prevent the person from entering our property, prevent them from stealing or damaging our property, and to physically remove them from our property. This means grabbing an intruder or burglar and knocking them down would be a reasonable defence, but shooting them would be deemed unreasonable. In Canada, the use of firearms for defence of self or property is generally prohibited by law.
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