Self-Defense,Law,Canada,Self-D law Self-Defense Law in Canada
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Self-Defense is one of the most controversial of all the possible lawproblems mostly because it is usually hard to define when it self defense andwhen not. In Canadaself-defense is defined in the Canadian Criminal Code. In the common lawtradition self-defense is the right for civilians acting on their own behalf toengage in violence for the sake of defending one's own life or the lives ofothers. It can include the use of deadly force in some countries, but in Canadait must be not intended to cause death or grievous bodily harm, except forsituations when it is caused under reasonable apprehension of death or grievousbodily harm from the violence with which the assault was originally made orwith which the assailant pursues his purposes and if the assaulted personbelieves that he or she cannot otherwise preserve himself from death orgrievous bodily harm. Mostly self-defense must be limited to the so calledreasonable force and defining the reasonable force for a situation is the firstproblem. Even in Canadait differs from area to area. Mostly this term is defined as the minimal forcerequired to prevent an assault from occurring. The term force includes not onlydirect force but also verbal de-escalation, posturing and removing yourselffrom potentially violent situation. If it comes to direct use of force theforce must be limited only to stop the assault, it does not includes punishingthe assailant or seeking revenge after the assault occurred. Also the type ofassault is important, if you are assaulted with a firearm, you can use afirearm for self-defense. Everything can be different depending on thesituation, so the best thing that we can recommend is to be aware of theself-defense limitations in your area. Another type of self-defense is a defense o property still it is notvery much supported by the Canadian Criminal Code. The Code provides followingseparate rules of law for the defense of property. Every person who is inpossession of personal property, and every one lawfully assisting him, has theright to prevent a trespasser from taking it, or in taking it from anothertrespasser who has taken it, if during the taking he will not cause bodily harmto the trespasser. Still when the owner of property lays hands on it, atrespasser who tries to keep it or take it from owner or from person who islawfully assisting the owner is viewed as committing an assault withoutjustification or provocation. In that case the owner or every one who islawfully assisting him is protected from criminal responsibility for defendingthat possession. Also the owner and a person who is lawfully assisting his isjustified to use as much force as is necessary to prevent any person fromforcibly breaking into or forcibly entering the owners dwelling-house withoutlawful authority. In all that case the force that can be used is limited to notmore than necessary. For moreinformation regarding OntarioLawyers, Lawsuits, British Columbialawyers and Attorney please visit: www.lawyerahead.ca
Self-Defense,Law,Canada,Self-D