Don't waste your time asking a cop.
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32762.html
http://www.justice.gc.ca/eng/news-nouv/nr-cp/2012/doc_32760.html
Nope rely on Gov website that is as clear as mud. l guess its lost on you that being misdirected by a official is a defense in itself?!
Perhaps you would like to interpret the website for me, because i cannot make head nor tail of it!
No problem my friend.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5697359&File=4
This is what the crown and police will be using to determine whether or not you will be prosecuted for an act of self defense.
Thanks guys for all the info what about on doomsday preppers show the guy who built a shelter in his garage is that a good idea or a panic room
Preparedness is like a condom , I've rather have it and not need it, rather than need it and not have it
Hmmmm...my thoughts on a shelter in your garage, basement or anywhere else that is underground and designed to have you locked in safe..... is that all the other people have to do is KEEP YOU THERE. You have to come out eventually. ALL of these ideas are predicated on the assumption that there will be someone coming to rescue you. In my thoughts a VERY expensive coffin.
Personally I would never depend on holding up in any location that only had one entrance/exit.
Good advice guys
Preparedness is like a condom , I've rather have it and not need it, rather than need it and not have it
No problem my friend.
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5697359&File=4
This is what the crown and police will be using to determine whether or not you will be prosecuted for an act of self defense.
Great link there, thanks for the info!!! I can't wait to share this with my husband, we were talking about this very topic the other day and he was losing faith in our justice system for the highly publicized negative stories we all hear. It is nice to have some sort of guidelines of what is allowed and expected in our own homes and regarding our own safety.
If your home library contains more volumes about survival-related topics than your local public library, you might be a prepper.
Wow it's almost like you have to let them rob you and can't really fight back cause if you do to much you go to jail for using to much force
Preparedness is like a condom , I've rather have it and not need it, rather than need it and not have it
I don't believe there will be a SHTF but:
Section 40 of the Criminal Code, which deals with the defence of dwellings, “everyone who is in possession of a dwelling house is justified in using as much force as necessary, to prevent any person from forcibly breaking into or entering the dwelling house without lawful authority.”It has to be justifiable force, and no greater than what your threatened with. In other words, if he has a knife, you can't blow him away with a shot gun, even if he has a knife to you child's throat. Bad analogy, but you get the gist of what I'm saying.
Actually, the Criminal Code of Canada states that you are authorized to use the minimum force necessary to stop the threat of death or grievous bodily harm. I'm not a Barrister or Solicitor, but I have been briefed thusly. If you subscribe to the Continuum of Force as outlined for Police Forces nationwide, you will be following the law. Consult a decent lawyer to get your own verification.
I am a trained knife fighter who has had to misfortune of having to use this skill set before, it sucked. If I could have used a gun, trust me, I would have. If I could have simply left, that would have been my first choice.
-S.
"It's not what you have, but what you have done".
-S.
Basically what I said?
"We 'Prep.' to live after a downfall, Not just to survive."
Well, not really. what you said would mean that a person wielding a knife could only be addressed by the defender wielding a knife whereas the continuum of force dictates that a person presenting lethal force can be stopped by a defender using lethal force that will ensure the threat is stopped, whether it meant that you employed a knife, baseball bat, piece of re-bar, firearm, car, boom crane fitted with a wrecking ball... what-have-you that was the minimal & reasonable amount of force required to stop the threat. Although it is accepted that if a person presents as a threat with a knife, shooting that threat would fall within the continuum of force. The trouble begins when firearms statutes and the whole retreat issue falls into place. In today's legal system a person who is walking down the street that shoots/stabs an attacker (even with the attacker's weapon!) instead of running away in Canada will face the full force of the law.
-S.
"It's not what you have, but what you have done".
-S.
Bull!
"We 'Prep.' to live after a downfall, Not just to survive."
Bull!
I see.
It has to be justifiable force, and no greater than what your threatened with. In other words, if he has a knife, you can't blow him away with a shot gun
Then what does that mean, exactly?
The continuum of force instructs that a person wielding a knife can be stopped with the minimum amount of force required. If that means a bat or a knife won't stop the threat and you have to shoot the threat, you may shoot the threat.
-S.
"It's not what you have, but what you have done".
-S.
we had a case in Port Colbourne a few months ago where two neighbors had been having a dispute,in the middle of the night 4 guys firebombed the one guys house with Molotov cocktails. He was a firearms instructor and pulled out his Handgun, I think he fired 2 shots, one in the air and one in the ground and scared the attackers away. All 4 guys were arrested... so was he. He was pretty much facing more jail time than the other A**holes. Charges of careless use were dropped but they tried to nail him on improper storage and take away his guns. In this case justice was eventually done, he was found not guilty and the attackers were sentenced to several years each, however his legal bills were somewhere in the area of $60,000. So be wary of your actions but I wholeheartedly agree that I would rather be judged by 12 than carried by 6!
Self defence is a tricky subject in Canada. Using a firearm for for self defence is even trickier.
If you are forced to use a gun in self defence in Canada it is a guarantee you will be charged with something and have your guns confiscated until the courts sort it out. There is a plenty of cases to back up this claim. It will cost you thousands in legal fees to beat it. See the above post as an example. In the case of the firebombing, the victim had surveillance cameras and the attackers were caught on video using the molotovs. A clear cut case of self defence but despite that he was charged anyways. A travesty of justice.
If you have a gun you plan to use in home defence, do yourself a small favour and make sure it is non-restricted. The safe storage laws for non-restricted are less stringent and improves your chances of beating the pretty much mandatory unsafe storage charge. Essentially the safe storage laws are written so it is almost impossible to use your restricted because you should not have easy access to it.
If you live in a rural area and keep livestock, you are allowed to keep a non-restricted gun unlocked and unloaded with ammo nearby for predator defence if you are present in the home. If you are not home, it needs to be locked up or trigger locked as per the law. If you have children, use your head and keep your firearm secure.
Remember if you have restricted firearms, they can be secured in a SAFE without trigger locks provides they are unloaded and the magazines are not inserted. An loaded magazine inserted counts as being loaded. They can be beside the gun, just not in the gun. That safe could be beside your bed for easy access if you wanted to go that route. Make sure your storage receptacle meets the legal definition of a safe.