Can you legally shoot intruders in Canada? - Page 3 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Sainters7 · 02-06-2008, 02:26 PM

So what happens if two crackheads break into my house unarmed and I smoke em with a baseball bat? Because it's not equal weapons, I'd get charged? If thats the case, thats seriously ****** up.

automaton 3 · 02-06-2008, 02:33 PM

The self defence sections of the CC overlap and conflict a bit, but they do seem to work.

Its important to remember that is the Crown that must disprove at lease one element of the applicable self defence section beyond a reasonable doubt for the defence to fail. So in effect a reverse onus. But the evidence in all of the circumstances has to have an air of reality to it.

The courts also take the view that if your life is in danger you do not have to stop and carefully weigh the exact degree of response warranted.

automaton 3 · 02-06-2008, 02:39 PM

Quote:

Originally Posted by Sainters7

So what happens if two crackheads break into my house unarmed and I smoke em with a baseball bat? Because it's not equal weapons, I'd get charged? If thats the case, thats seriously ****** up.

Under s. 40 you are "justified in using as much force as is necessary to prevent and person from forcibly breaking into or forceably entering the dwelling house without lawful authority"

CaptainCrunch · 02-06-2008, 02:40 PM

Quote:

Originally Posted by fredr123

You'll have to warn your guests sufficiently of any and all dangers you know about on your property.

On an unrelated note, let's all agree not to go to Captain's house for the next networking meeting.

Good idea, think I'll post a sign on the front that says

Free Cookies, don't touch the wallet full of money on the kitchen table

Side effects of cookies may cause, grievous wounding, massive bacterial infection, puntures to the extremities, lead poisoning, shredded face. sharp trauma to every area of your body, radiation poisoning, death.

Cookies may not be for everyone, could cause coma, explosive bowel movements, fear induced heart attacks, wetness of trousers.

Please consult your local mortician before aquiring free cookies or wallet full of money.

burn_this_city · 02-06-2008, 02:43 PM

As Ralphy so elegantly put it.. "Shoot, shovel, and shut up"

Locke · 02-06-2008, 03:01 PM

Whaddya mean that was "excessive force" your honour?

What? Its a crime to run over the average prowler with a steamroller?

I had to follow through after I fired my rocket launcher at him.....what else was I supposed to do with him?

Call the who now? Police? Who are they?

Flames_Gimp · 02-06-2008, 03:05 PM

I think you should be able to shoot intruders. I would shoot the intruder and then shoot some holes in the wall, and put the gun in his cold dead hand.

CaptainCrunch · 02-06-2008, 03:08 PM

Quote:

Originally Posted by Locke

Whaddya mean that was "excessive force" your honour?

What? Its a crime to run over the average prowler with a steamroller?

I had to follow through after I fired my rocket launcher at him.....what else was I supposed to do with him?

Call the who now? Police? Who are they?

I love that band (hello insanity plea)

Azure · 02-06-2008, 03:09 PM

Get the 9MM anyway.

Chances are if you confront him with a gun, you can take control over the situation pretty quickly.

You wouldn't even have to shoot anyone.

CaptainCrunch · 02-06-2008, 03:11 PM

Now how would the courts rule it if someone broke into your house to steal stuff and you picked his pocket.

Locke · 02-06-2008, 03:13 PM

Quote:

Originally Posted by CaptainCrunch

Now how would the courts rule it if someone broke into your house to steal stuff and you picked his pocket.

Or....if you werent even there because you were busy breaking into his house.

Sainters7 · 02-06-2008, 03:15 PM

Quote:

Originally Posted by automaton 3

Under s. 40 you are "justified in using as much force as is necessary to prevent and person from forcibly breaking into or forceably entering the dwelling house without lawful authority"

Good to know. What about if its your car, in your driveway? Because this happened to me a couple years back and I still fantasize about running out there with a bat and breaking a bone or two.

Flashpoint · 02-06-2008, 03:16 PM

Break in.

I'll bury you in the woods.

I already have the hole dug. I'll get away with it too. I watch lots of CSI, so I know how to do things.

Have a nice day!

CaptainCrunch · 02-06-2008, 03:17 PM

Quote:

Originally Posted by Locke

Or....if you werent even there because you were busy breaking into his house.

Or if he broke into your house and caught you in bed with his wife and his mom, that would be the ultimate in Karma, until he beat you to death with a turntable.

Locke · 02-06-2008, 03:19 PM

Quote:

Originally Posted by CaptainCrunch

Or if he broke into your house and caught you in bed with his wife and his mom, that would be the ultimate in Karma, until he beat you to death with a turntable.

Which he would subsequently smash to pieces unaware that it was actually his turntable that you stole from him.

CaptainCrunch · 02-06-2008, 03:28 PM

Quote:

Originally Posted by Locke

Which he would subsequently smash to pieces unaware that it was actually his turntable that you stole from him.

Funny story

My cousin had his house broken into a while ago. The thief stole his stereo, but carefully left all of the CD's and DVD's behind that were stacked on top of the stereo.

Its one thing to be broken in, have your sanctuary violated and your expensive sterio equipment stolen. Its a total slap in the face when your musical taste sucks so much that he actually makes an effort to leave your CD's behind.

Locke · 02-06-2008, 03:32 PM

Quote:

Originally Posted by CaptainCrunch

Funny story

My cousin had his house broken into a while ago. The thief stole his stereo, but carefully left all of the CD's and DVD's behind that were stacked on top of the stereo.

Its one thing to be broken in, have your sanctuary violated and your expensive sterio equipment stolen. Its a total slap in the face when your musical taste sucks so much that he actually makes an effort to leave your CD's behind.

That has to suck. Your cousins peculiar taste in music doesnt meet the high standards of the discrminating felon.

CaptainCrunch · 02-06-2008, 03:41 PM

Ah, he probably listens to ABBA and WHAM, I really really hate that guy.

Locke · 02-06-2008, 04:08 PM

Quote:

Originally Posted by CaptainCrunch

Ah, he probably listens to ABBA and WHAM, I really really hate that guy.

Wow, thats bad.

Does he wear a sweater-vest and have coke bottle glasses.

By stealing his stereo equipment the thief was doing him a favor, now he cant listen to that crap.

Montana Moe · 02-06-2008, 05:53 PM

In case anyone is interested, here is Montana law concerning self defense/defense of property, etc.

Use of force in defense of person: http://data.opi.state.mt.us/bills/mca/45/3/45-3-102.htm

In defense of occupied structure:
http://data.opi.state.mt.us/bills/mca/45/3/45-3-103.htm

In defense of other property:
http://data.opi.state.mt.us/bills/mca/45/3/45-3-104.htm

45-3-101. Definitions. (1) "Force likely to cause death or serious bodily harm" within the meaning of this chapter includes but is not limited to:
(a) the firing of a firearm in the direction of a person, even though no purpose exists to kill or inflict serious bodily harm; and
(b) the firing of a firearm at a vehicle in which a person is riding.
(2) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any individual.

So, if I reasonably believe that an assailant is intent on bodily harm, or even threatens it, all bets are off.