Be careful what you post online.
What you post online is there forever. Don’t post about what you would do that could be used in court against you later. Killing someone is no laughing matter. Soldiers and police officers who have had to kill often have severe psychological trauma for life. Sarcasm does not translate very well when you write it down. You can easily be seen as the neighbourhood psycho.
If you have already posted questionable things, you can undo them by posting follow up things about how you have changed your view or it’s not what you meant, and be very clear how it would sound in a court of law if they found your posts.
The court systems love to make a fool out of you as someone who doesn’t know the law. If will help if you ever have to go to court for a self-defence related in incident if you take a law class or read up on it so you show that you understand legal responsibility, at least. You must be able to show that you watched and at least own the program.
Never trust the District Attorney. His job is neither whether you win or lose, per se, it’s whether he wins or not. Never take a deal he offers you.
Don’t go with a cheap lawyer. As far as lawyers go, you always get what you pay for. Your freedom is worth it. Apparently, you can get insurance for instances like this.
Learn when to fight and when not to. Practice is great and can be fun, but the one fight that matters is the one with both life or death consequences, and legal consequences (which leads to financial consequences).
What to do after you kill (or maim) your attacker.
You should ask yourself a few questions immediately:
1. Did I hit him?
2. Is he down permanently?
3. Does he have friends?
If you answer yes to all 3 questions, you should seek cover in case of bullets flying. Studies have shown that seeking cover increases your ability to survive exponentially.
Once all is safe, put your weapons away (if you used any), or on the ground and call 911. Describe yourself and the attacker, give location, and be sure to say you feared for your life. Once police arrive, comply. They will probably put you in handcuffs to safety the area. This is not necessarily an arrest, but they may also arrest you. Do not resist.
Buzzwords you will hear that should not worry you: homicide, evidence. Any weapons will be confiscated, but it’s only procedure. Do not be concerned. The police will now treat you like a suspect and will collect “excited utterances”. These are things they want you to spill before reading your rights. These things are valid in court, so be very careful, or tell then you need to focus first. Even better is to say nothing and get a lawyer first. If you outrightly say this, they will definitely arrest you in order to force you to get that attorney and answer their questions. They may question you on the scene, and/or at the police station. A good method is to say you do not feel well. They will call an ambulance and questions will probably stop, buying you time to relax and focus so you don’t say anything that will cost you.
If you need a lawyer, you will likely be at the police station. You can either blindly pick one from the phone book, contact your pre-selected lawyer (or maybe one you have used before, at least), or request legal aide.
There are no bail bond companies in Canada, by law. This means you won’t be able to call a bail bonds company to assist you with your bail money like you can in the US.
You may remain in jail until police write their reports and decide if you should be charged with a crime. If yes, then their reports will be given over to prosecuting attorneys.
In the US, spouses and common-laws are covered under Castle Doctrine, even if they are not the home owner, just as invited guests are.
Three legal terms that you should know. All three should be present before acting on self-defence:
Ability: The attacker/intruder has the power to kill or maim you.
Opportunity: The attacker/intruder has the ability to use his power to kill or maim you immediately.
Jeopardy: A reasonable person in the same circumstance would conclude that by the words and actions of the attacker/intruder, they intend to kill or maim you immediately.
When seconds count, police are minutes away.
Disparity of Force is a concept that even though an attacker/intruder is not as well armed as you, you are still allowed to use deadly force because he still has the ability, the opportunity, and jeopardy to kill you, even with a lesser weapon. Having said that, let’s look at an example: A man is waving a knife and threatening to kill you, but is on the other side of a parking lot, and you have a gun. You cannot kill him because he only has the ability and the jeopardy elements, but not the opportunity because he is out of range. Your best option might be to retreat (we’ll get back to that), but that is not always an option. In those cases, you should loudly declare (for witnesses) that you DO NOT want to hurt him, then ready yourself and your weapon, if you have one. As soon as the jeopardy element comes into play, that is, he is within range to kill you with his knife, shoot. This also applies to an unarmed man, as long as all three elements are present. How could an unarmed man be a threat to your life if you have a weapon? Perhaps you cannot retreat because you have family with you, you’re cornered, he is larger than you, very hostile, multiple attackers, faster than you, foaming at the mouth, man on woman, you’re disabled, man on child, etc. Even if at first, the attacker/intruder and yourself are evenly matched and the three conditions are not present, but then he hits you in such a way that you become very foggy and unable to think or defend as previously. Now all three conditions may be present and you can kill. Or you become injured in such a way that you require medical attention within fifteen minutes or you could die (internal bleeding, ruptured organs) and the attacker/intruder does not. He may not even realize it, but now all three conditions are present because he is delaying you getting medical attention.
The legal definition of the requirement to retreat is that you have the ability to retreat safely for yourself and all those present with you. The Stand-Your-Ground law in the United States says that you do not have to legally retreat if you are in a public or other place where you are authorized to be.
Can you say that a single punch could kill you, therefore the attacker had ability, opportunity, and jeopardy? Statistically, this being true is very rare. Remember that jeopardy is when a reasonable person in the same circumstance would conclude that by the words and actions of the attacker/intruder, they intend to kill or maim you immediately. This would be very, very difficult to claim in court since most people would not, in fact, conclude that way. Perhaps if the attacker was ex-special forces or known to be a highly ranked martial artist or some other unusual circumstance.
If you do kill someone, should I move the body into my home to make the situation look more favourable in my self-defence case? No. No matter where you live, a forensics team are always very well trained and have a multi-million dollar lab assisting them. They will always uncover the fact that you moved the body, THEN, you will become a liar and everything else you say will be branded as such. A good self-defence case will have gone down the toilet then and you will very likely go to prison.
Don’t carry checklist style cards for after incident situations. This will indicate to police that you are a habitual offender and that you knew eventually the law would catch up to you. Such a checklist should be so easy anyway that you can memorize it. Pick a lawyer and put his number in your phone. Password protect your phone.
After a self-defence incident has occurred, you should do the following by memory:
1. Tell police who is who. Specify you were the victim and the other person was the aggressor.
2. Tell police you will sign the complaint, or, press charges. Be careful when saying press charges as in some jurisdictions, this can only be done by the prosecutor and it will hurt your case if you say it and are unable. Sign the complaint might be better. At least know what is proper where you live.
3. Tell police where the evidence can be found, especially evidence that exonerates you. Evidence often goes missing.
4. Tell police who the witnesses are or else they will disappear quickly. Most people don’t like talking to police.
5. Check yourself for injuries and ask to be examined by medical personnel. You might want to leave your clothes that could have evidence on them. Do not lie about injuries as this will work against you.
Don’t make these mistakes:
Don’t fail to tell your story in court. Don’t avoid the stand, regardless of what your lawyer says. Don’t lie. If you lie about one thing, you might as well have lied about everything because you will no longer be believed. If you are attacked and the attacker/intruder flees, call it in, because if you don’t, he will hide his weapon and call it in on YOU, then you are the attacker. If you call it in first, there will be a file written up to help verify details. Cameras may also have seen you (probably not heard you).
If you anticipate a self-defence situation coming, you shouldn’t be there. If it does happen, always report it, never leave. There is always a victim and an aggressor. Fleeing indicates guilt. Stay alert. Know the legal limits. Don’t go past them.
Crossing the border between the United States and Canada, from Canada as Canadians: You can be handed a 5 year ban or even a lifetime ban if you cannot prove your ties to Canada showing you need to return. Don’t cross with resumes, work clothes, texts showing a job offer, with marijuana, anything related to marijuana, as a marijuana investor, even if you claim to be visiting a significant other in fear you will marry and stay. Don’t lie, don’t use false documentation, don’t have a criminal record. Land ports often result in bans because you are on US soil, but pre-clearance from an airport will usually just result in denied entry. If a ban is ever issued, a Canadian will need to apply for a Waiver from a proper Canadian lawyer. Don’t bring anything across the border that is illegal. Don’t overstay. Don’t try a second border crossing if denied at a previous one. Information is electronically shared between border agents. Don’t try to cross within your ban stipulation without a waiver as this could likely in crease your ban time. Bring bills, property tax, meeting schedules to show intent to return to Canada. A ban will remain on your record permanently. Be prepared to show them your mobile device.
Castle Doctrine is a law in the US that authorizes home owners to use deadly force for intruders. This law extends to invited guests. It ceases the moment you uninvite them. This law will become very muddy if you lure someone into your home or indicate that you have been waiting for someone in a revenge situation.
Castle Doctrine in Canada does not exist and does not operate the same way. The law in Canada is very vague, but cues can be taken from prior examples. You must use proportional force, not deadly force per se. It must be reasonable for the circumstances. This is very important in Canada. You are allowed to stand your ground in your own home. You will be charged but probably not convicted. This applies to a stand-your-ground situation as well.
If a killing occurs in your home, you should also be prepared to move. Would your family want to live in the same house as someone who bled out all over your living room floor? What about probable death threats and protestors that may camp out on your lawn? You might all need to find new jobs too. Also consider therapy for PTSD for having a dead body in your house for hours, or just being involved. The entire process could take years to get back to a normal life.
Weapons: Carrying a knife under 30cm that does not look like a knife is illegal in Canada, including credit card knives. You can be charged under the Criminal Code of Canada for carrying a prohibited weapon. Weapons that are illegal in Canada are as follows: automatic knives like switchblades, centrifugal knives, flick knives, butterfly knives, gravity knives, pepper spray designed for use on humans, nunchakus, shuriken, fighting chains, finger rings with blades (not necessarily pointy tips (we fought this one and won)), tasers shorter than 480mm only, one-handed crossbows or crossbows shorter than 500mm, belt-buckle knives, push daggers, devices shorter than 30mm designed to hide a knife, spiked wristbands, blowguns (not darts), spring batons and batons triggers by a switch, morning stars, brass knuckles. It is also illegal to carry any knife with the intent to use it for self-defence. Therefore, say it’s for wilderness survival or something similar. You’re welcome.
There is no limit to the length of knife you can carry as long as it is only as a tool, it cannot be concealed, and it cannot be intended to use to inflict harm. Having said that, if you have a hunting knife and you are in a bar, the police could say you had no business and it’s suspicious. It’s all about intent according to them, not you.
What you can import through Canada Border Agency and what is legal to sell in Canada or own in Canada are not necessarily the same laws.
Martial Law is the suspension of most of your rights under the regional rule of a military leader. Martial law has shown to often include confiscation of weapons, cessation of freedom of speech, cessation of freedom to travel, search and seizure can be performed without a warrant, curfews are put in place, and you can be arrested for no reason. Martial Law is always enacted regionally and not nationwide. There are not enough resources or manpower to do this on a national scale.
In order to avoid Martial Law, avoid living in large cities. Martial Law always happens there first. Smaller towns will be less likely to get it, or at least much later. Live way out in the country, or alone, or off grid, isolated. It would make no sense to employ dozens of soldiers and vehicles on a very long stretch of road where only 3 houses are. If you insist on avoiding martial law, it can be done. Hiding and circumventing what you expect can also be done.
The full Criminal Code of Canada can be found here: https://laws-lois.justice.gc.ca/eng/acts/c-46/
Defence of Person
Defence — use or threat of force
34 (1) A person is not guilty of an offence if
(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances.
(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
Defence of Property
Defence — property
35 (1) A person is not guilty of an offence if
(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.
(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.
(3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
This law is correct as of 2019.
You cannot use force against someone verbally assaulting you. If someone raises their fist, that is a threat and changes things. You must stop if after starting an assault, he indicates he wants to stop. You must also stop if he sucker punches you and runs away, as that is considered a retreat, unless he is doing so to gain a strategic advantage to continue. Use of deadly force is usually authorized if you are witnessing a deadly attack on another person. In some states, you are allowed to use deadly force if your property is being stolen. If you accept a challenge to fight, you forfeit all claims to a self-defence claim later.
You cannot use force against a police officer making a lawful or unlawful arrest...usually. In the states of Texas, Tennessee, and Arizona, you are actually allowed to use force for self-defence against a police officer who is using excessive force.
Exercises have been shown that a knife wielding opponent can close and kill you as far as 50 feet before you can draw a concealed gun and kill him. And if he is an experienced knife thrower, much farther.
Pointing an unloaded firearm at someone in Canada is a serious criminal offence of up to 5 years in prison. According to the RCMP (Royal Canadian Mounted Police), owning a firearm for the purposes of self-defence is not a valid reason to own a firearm, but according to the criminal code of Canada, it is. Do not say you are getting a firearm for self-defensive purposes when applying for a PAL (Possession and Acquisition License) or you will probably be denied for life.
Citizen’s Arrest and Self-defence Act
S.C. 2012, c. 9
3. (1) Subsection 494(2) of the Act is replaced by the following:
Arrest by owner, etc., of property
(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
(a) they make the arrest at that time; or
(b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
SOR/98-207 Firearms Act & SOR/2004-267, s.1.
Protection of Life
2 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns to protect the life of that individual or of other individuals are where
(a) the life of that individual, or other individuals, is in imminent danger from one or more other individuals;
(b) police protection is not sufficient in the circumstances; and
(c) the possession of a restricted firearm or prohibited handgun can reasonably be justified for protecting the individual or other individuals from death or grievous bodily harm.
Lawful Profession or Occupation
3 For the purpose of section 20 of the Act, the circumstances in which an individual needs restricted firearms or prohibited handguns for use in connection with his or her lawful profession or occupation are where
(a) the individual’s principal activity is the handling, transportation or protection of cash, negotiable instruments or other goods of substantial value, and firearms are required for the purpose of protecting his or her life or the lives of other individuals in the course of that handling, transportation or protection activity;
(b) the individual is working in a remote wilderness area and firearms are required for the protection of the life of that individual or of other individuals from wild animals; or
(c) the individual is engaged in the occupation of trapping in a province and is licensed or authorized and trained as required by the laws of the province.
Authorizations to Carry
4 A chief firearms officer shall not issue to an individual an authorization to carry a particular restricted firearm or prohibited handgun that is needed in the circumstances described in section 2 or paragraph 3(a) unless the chief firearms officer determines that
(a) the individual has successfully completed training in firearms proficiency and the use of force that is appropriate for using the firearm in those circumstances; and
(b) the firearm is appropriate in those circumstances.
SOR/2004-267, s. 2
All Criminal code self defence & firearms laws are in sections 80-100ish, Firearms Act, & Firearms Regulations, and start with SOR (Statutory Orders & Regulations).
Why do you think the government doesn’t want you to have guns? Control. If the government controls oil, they control other nations. If they control food, they control people. If they control money, they control freedom because you will need access to things only the government is allowed to provide. If they control guns, you can’t fight back, and chances are they are about to do something you would shoot them for.
Military Police have jurisdiction on their base and in public when it comes to their people or property. They must also have “probable cause” to search or to get a warrant, just like civilian police officers. If something is not on the warrant, it can only be taken if it’s in plain sight. “Probable cause” is a very ambiguous word that could mean just about anything. If the police are looking for a computer, they are not allowed to search anywhere that computer is unlikely to be such as smaller areas like in a medicine cabinet or in a drawer.
There are a few reasons why police might gain access to your vehicle. If they are doing so to determine identity, such as for a problem, they are usually only limited to looking in your glove box and consoles where ID is usually kept. They are also allowed to read any documents that are face up. For general safety, regardless of police, criminals will also look for your home address in these same ways, even though a window. Always keep mail or other documents face down and do not store your ID in the normal locations.
Police are allowed to search garbage bins as long as they are not on your property, keeping in mind that the city usually owns the first five feet from the road up your driveway.
Are you a “terrorist”? The legal definition of terrorist to the US military is someone who uses “the calculated use of violence or threat of violence to attain political, religious, or ideological goals.” The government is constantly observing and training for personal security vulnerability analysis of high-risk personnel.
What else should you do after a home invasion? Film everything. Copy the footage from security cameras before it loops or is otherwise taken or deleted. Every Christmas, you should record all new/expensive items to document that you actually have them, and it doesn’t hurt to record serial numbers in a spreadsheet either. Change ALL keys to home and cars, change codes for garage door openers or FOBs to your cars. Intruders like to return to the scene, especially when they have something to help them gain access even faster and more easily. Install security lights, get a dog, or add extra layers of security asap. They may have taken financial documents so consider changing passwords as well.