Self Defence In Canadian Law
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- čas přidán 29. 04. 2019
- Mike Kruse discusses what 'self defence' means in a legal sense.
More information on using reasonable force to defend yourself or your property: www.kruselaw.ca/blogpost/reas...
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"I’d rather be judged by 12 than carried by 6"
Judge alone is your best defense. Jury will be stacked by some the crown chooses.
@@91cobra50 Tell me more ..
@@conbrass7081 crown Council has the right to accept jurors on your case also has the right to reject jurors. Judge alone is your best defense. Because your council can ask for a delay to get a sympathetic judge.
@@91cobra50 very helpful thanks
💀💀💀
Defense yourself and never talk to the police until you see a lawyer thats how canada works
You don't have to answer any questions the police ask . Name rank serial number. Is the only thing you need to say.
@@91cobra50 you mean ask?
No Reko Starr. You don't have to say anything. Keep your mouth shut. Loose lips sink ships. You are the ship.
@@rekostarr7149 its not something your asking, your telling them, its not a question towards the officer its an order and they legally have to give you all that information when you tell them to
Why the fuck should you have to waste your money on a lawyer because someone else attacked you? Legal fees can cost more than your life savings, and if you lose anyway, you're screwed.
Defend yourself if possible, but tell NO-ONE. If anybody asks, you never heard anything. Remember, the judicial system isn't about justice, it's about POWER.
I'm an old dude. (70). Walking my dog a short while ago in an off leash park, another guy (much younger) walks by with his dog. His dog then attacks mine and I tried to kick it but missed, then I managed to pull pull his dog off. He starts shouting at me, comes over and pushes me. I told him to back off. He then shouted a few choice names and threw a punch which missed. I hooked him with a right and he staggered back. ( I bounced in my younger days and boxed)
Realizing he was coming back again, he was bigger than me and I knew if he got me down, I'd have a real problem.
I hit him hard with a jab to his mouth, damn well cutting my knuckles on his teeth. I left him with a mouth of blood, and that was it. He called the cops and my description printed in the local paper. I didn't bother going to the cop shop to report it, as I believed I'd be the one charged for unreasonable force to defend myself. Guess what... I'd do the same again, so screw what the law say's regards this topic. (BTW I have no criminal file and never been charged with a crime.) .
Right on buddy
Attaboy!!
Nice work.
I like your spirit
We all have similar stories but unfortunately not always with similar outcome. 😊
It's not the punishment you have to worry about, it's the process! $$$
The process is the punishment. That's the genius of it (on their end) I think it's bullshit
Good ol Canashithole
How am I supposed to defend myself reasonably if the other person has a weapon and we aren’t legally allowed to carry tools/weapons to defend ourselves from potential criminals?
Would you rather do a couple a years in jail or be dead. Fuck the cops. Defend yourself at all costs.
You just have to accept your faith and Die.. Oh Canada!
As of august 22 any Canadian can make it clear he will use a long rifle or shotgun to defend himself or his property if they don't back down you make use it to defend the formerly mentioned.
Carry a water bottle
@@kyle8175 what material should I choose for my assault water bottle? Stainless or plastic
As a woman who has been assaulted so many times in Canada...the law here clearly has no idea the BS we go through.
Women should be allow to defend themselves with "certain" devices such as tasers or pepper spray.
The cost of therapy I've had to pay for is ridiculous, while the assailants who did the assaulting are free, living their lives as if they didn't do any harm. They did, and I'll have to forever live with the repercussions of what they had done to me until my death.
I have no martial arts training and I'm not very big at all. I'm 5'2" and 130lbs.
If it ever happens next time, I won't freeze. I'll defend myself by any means necessary. As someone said in the comments,
"I'd rather be judged by 12 than carried by 6"
tasers or pepper spay lol. Use a karambit instead czcams.com/video/d4sAvwJS6WE/video.html
Then stop voting for Trudeau
Fuck your taser or pepper spray. If you have to defend yourself against an attacker you want lethal force--a gun. That way your attacker doesn't get out of prison after a couple years and hunt you down.
Use a gun or don't waste your time--tasers are only good for taking down an opponent and you still need a knife to finish the job, so may as well use a gun. Oh yeah--that's illegal in Canada because criminals have human rights, so you're fucked anyway. So, since you're fucked anyway, you use a gun :)
@@scooterdomsalt 🤣 so true
The only thing that makes a 6' 200lb man and 5'2" 130lb woman equal is a glock and some training. Other than that at present in Canada you are doomed to become a victim as a smaller stature individual. As no amount of martial arts/combat training will overcome that size and gender discrepancy.
I did 11 months for something I seriously never did so I have absolutley no faith in the Canadian justice system. In my experience all someone has to do is accuse you of something and you can kiss the next little bit of your life goodbye. I have literally had a cop tell me i have the right to call the cops and that's it. I will be charged for anything I do beyond calling the cops. After that it just depends on how much money you have. If you are poor you will do time no doubt about it.
I've been severely tortured by police officials in Canada since I was a very little kid, including physical torture. Canada has problems with psychopaths joining the police force, and when they break into your home to torture you you don't even have any guns to defend yourself with. Fuck Canada, what a shithole.
If you're going to have psychopaths and malignant narcissists joining the police, then the citizenry must be armed and that's all there is to it. There's no deterrence to corruption and terrorism without plenty of dead cops.
The government emasculated everybody so that crooks and thieves ( aka politicians) can do whatever they want. This is messed up. But this is the only way the government can control population. No guns and no right to speak up. Go to work and shut up. “We will take care of you”. Look at Europe, Asia and especially Eastern Europe countries.
@@larrycostas5727 I hate the way my attitude and worldview has developed over the many, many years I was gangstalked and severely tortured. I'm a formerly life-loving person with a vibrant, creative mind and positive attitude, and now I'm so dysfunctional I may as well be mostly dead.
I really don't like the whole "Fuck The Police" thing, I don't like living with that attitude. I don't like coming across as a degenerate cop killer, and all that stupid "gangsta" shit.
It's just the way Canada is. No place is perfect, we're all just humans after all, but what an EVIL FUCKING COUNTRY. And, everyone seems to be in denial about it!
I heard some Canadians say 3 sh letter words!! 1. shoot, 2. shovel, 3. shut-up!!
11 months eh. I did 7 years 9 months. To say this experience hasn't corrupted my logic is a partial lie. This experience for doing that much time says, that I can handle very dangerous situations. Very dangerous men are my friends. Just finished a 2 year 8.10 order after my sentence. Why because I'm not to leave the unit, back down from any fight weapon or other. They built my mind in a way that says. I'm very dangerous. I choose to work. But I can't because I'm a fing Indian. I was built for war.
How do you use reasonable force against an unreasonable person? Which, in most cases, is what happens. Otherwise, why would you need to defend yourself?
Any force, including lethal force, can be considered reasonable if the circumstances warrant it
@@fornello123 Not in Canada. Getting stabbed? Too bad
@@grownfungus Criminal Code of Canada, section 34. 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.
@@fornello123 Dakota Pratt was sentenced to 5 years prison for killing a man who broke into his home and was stabbing him in his sleep. Also how do you plan to protect yourself if you can't own, much less carry, any weapons? In Canada, only criminals and police have guns. And when seconds count, police are minutes away.
@@grownfungus I heard about that shit is a joke u just have to accept death in Canada I guess
I still got locked up for day, bail for 1 year, (probation office every 2 weeks). Home searched, i was assaulted by the person... and then the crown dropped the charges 1 month before trial. How is this fair....
Cause you voted for leftist leaning politicians, you made your bed now lie in it.
@@tribequest9 Government (legislators) and the state (legislation enforcement) are two separate entities. The state is its own beast and often reinterprets legislation from its original intent and language in order to contort it to fit narratives that benefit the state. In terms of policing and then court, the police agents often interpret the law personally, meaning reinterpretation, and then the state attempts to justify this reinterpretation in court; and if the state is successful, they establish a precedent for future enforcement of the law. This process is called "common law", and it is essentially the court modifying legislation passed by the government, and thus changing the law.
The obvious problem is that state agencies and actors exploit their close relationship with the court in order to use the "common law" practice to essentially rewrite and change the laws made by publicly-elected government officials (legislators) to enhance their own authority, despite the fact that the legislation primarily exists for the sole reason of limiting state authority, especially in regards to the state's relationship with the public. This process creates a two-tiered system of justice where you may be fully aware of your constitutional rights and that you are legally protected by them, but also where the state has a set of "common law" privileges that are designed to strip you of these rights. Of course, the only involved party in all of these who is not normally privy to what these "common law" privileges actually are happens to be the common citizen who is only obligated to know their legislative rights (like the 1982 Charter). This gives all kinds of arbitrary and questionable power to law enforcement agencies and police in how they engage the public, and the citizen can often be made out to be a criminal simply because they are enforcing their legislative rights.
Keep in mind that legislation like the 1982 Charter is supposed to be the supreme law of the land, much like the Americans have the Constitution. However, unlike with the Americans, in Canada the Charter is rarely ever recognized by any law enforcement or police agency. They simply overwrite the Charter with their own privileges in order to gain greater authoritarian power, which is obviously their goal ("absolute power corrupts absolutely"). The common citizen often has no real way of enforcing their rights, since oversight/whistleblower/enforcement agencies are a complex bureaucracy that promises much, but are really nothing more than paper tigers unwilling to investigate anything. The real avenue to fight state privilege (at least, on their terms) should be in the courtroom, but any significant challenge to common law claims made by the state is a costly endeavor, and you also take the gamble of the judge actually being willing to listen to you and make an impartial judgement against, what is effectively, colleagues and coworkers to the judge. This is also an explanation as to why police will target poor people, because poor people are the vulnerable prey that fuels this corruption.
You will be guilty until you prove your innocence because that's Canada and the horrible state we've allowed our Country to get to. We have to be nice to our would be assailants etc. It sucks to be a Canadian that way for sure!!!!! Anyone who tells you innocent till proven guilty is an idiot or has no experience.
It's because you aren't rich!
@@seeya205 It's about 3-4 million to get away with anything. Most of it goes to a PR company to make you look good and the rest is to the lawyers and legal fees.
Also, I refer you to DAKOTA PRATT . Albertan that was sentenced to five years for " taking self defence too far " . A guy broke in his house and started stabbing him in his sleep ( in the head ) Mr.Pratt woke up , wrestled the intruder and gained possession of knife, stabbed the intruder to death in self defence .
Got 5 years prison time 🙃🇨🇦
Frfr shit is a joke I guess u just have to accept death in Canada
Point being, if you ARE gonna make the decision to “handle” it BEFORE calling 911..... make sure you’ve got a shovel in the garage.
Calling 911 is something you do AFTER the drugs have been flushed and whatnot... you’re asking for trouble if you call them AFTER the problem has taken place and you’ve got circumstantial evidence all over the place.
Essentially, you wanna make sure you’re wearing your pajamas and you’ve re-folded you clothing and put it away BEFORE YOU EVEN ATTEMPT to say the old “oh, well i was in bed and i heard a noise” line.
If you do jump out of bed to defend your home, but you went to bed wearing camouflage pants and a flack jacket.... well, that looks like you’ve planned to do it, which isn’t a good look.
Makes you look like you had an itchy trigger finger and couldn’t wait to re-enact what you saw in the hamburger hill movie while tripping on whatever drugs they may or may not find in your house after the fact.
There's a bit more to the story than just that. Both men knew each other, there was bad feelings between them and jealousy over a relationship. Both had been drinking. The assailant started it, by stabbing at him in his bedroom, but Pratt finished it by stabbing the assailant 13 times, and then kicking the body a few times. Then he denied to the police that a knife was used in the attack. So it's a bit more complicated.
No, he didn't just take the knife from the assailant and stab him with it. He took the knife away and chased after him through the hallways and outside and then stabbed him.
Additionally, after Dakota stabbed the man to death, he also kicked the body multiple times.
@@cygnusereve4779 I think I'm a somewhat reasonable person, and I think if someone stabs you any amount of times in an effort to take your life then you have the right to stab them any amount of times in an effort to take their life. So the persons running away? Is it reasonable to ask someone to just sit down and bleedout from their wounds and die when they could kill their attacker?
Thats like saying "you can shoot someone as many times as you want, as long as you drop the gun and turn your back after they cant shoot back at you". Just seems illogical.
I think once the wound is made the self defence begins, I don't think it stops just because of the direction the attacker faces or whether or not he is still holding his force multiplier.
Canadian self-defense is a joke the only way you can put someone away for assault is if you take the beating and not defend yourself because if you fight back and they happen to get slightly injured your charged with aggravated assault even if they started the fight
@@Vorniforous what about that case I think it was in Saskatchewan a man was arrested and charged for using a firearm when somebody broke into his home and he only use the firearm to scare them away and the police told him they should have waited for them to show up 15 minutes later because when they showed up he had the person who broke into tamed and he got arrested and charged for self-defense not the guy who broke into his house he got arrested
@@Helfirehydra While someone breaking into your house may be scary and life-threatening, the response still has to be reasonable. It is not a shoot on sight. For example, if a person (without any "weapons") breaks into your house (he threw a stone to break a glass door), you can not pull out your grandfather's WW2 panzerschreck and fire at the person who just entered (a total over-exaggeration but I hope it gets the point across).
I am not able to find the case you are speaking of (or at least I don't think it is - I see one about a man discharging his weapon at 4 people who were trying to firebomb his doghouse but no one was injured), but if the man felt his life (the last time a person broke in or he heard that someone in had harmed the residents) and other people can see it as reasonable threatened (it was a common occurrence), then I would believe the police made a mistake (which is unfortunate and would cause the man to spend much money for a lawyer).
This is sort of a way to prevent people to kill intruders in acts of anger or vengeance (or at least I think it is). To end a funny note, here are a list of stupid laws from around the world (source The Lawyer Portal):
1. It is illegal to [handle] salmon under suspicious circumstances in England and Wales.
2. It is illegal to pass wind in a public place after 6pm on Thursday in Florida.
3. It’s against the law to have a sleeping donkey in your bathtub after 7 pm in Arizona, USA
4. You must let anyone use your toilet if they ask in Scotland
False, it all depends on your past history with local forces, also the amount of necessary or unnecessary force, weapons used( legal or not).
Just don't killed them, but pirates are cool.
@@Vorniforous what Dean Kirk said is true. Canadian self-defense IS a joke.
@@cygnusereve4779 That Saskatchewan man did nothing wrong. What business does a intruder have in your home or on your property/land? They aren't welcome in your house or on your property/land.
...and in the end, the lawyers win. They always do.
There are 3 sets of rules. Those who are connected politically, those who are connected criminally and those who have no affiliation to to the first 2.
Thanks for making such a short and concise video!
As a Canadian, it is my civic duty to ensure every burglar that breaks into my house walks out safe and alive. Might as well serve him a double-double while he steals my stuff too.
Not in Alberta. There you can defend property with lethal force if necessary.
I just have to hope he didn't bring a cell phone on to the property that will ping where the body was buried..
And the fact people are ALLOWED to defend INANIMATE OBJECTS with LETHAL force with no proof of anything is insane and horrific. That's what insurance is for. No one needs to die. Prison, fines, therapy or workshops to improve behavior yes. But murder is not moral for that.
Just because something is legal doesn't make it morally right.
BS.
Liberals make this argument because they hate private property.
They want you helpless in the face of violent agressors.
Anyone attempting to strip you of your property, should be met with force.
Why do you value your life, less than I value my property? Leave my property alone, and you will be left alone.
@@ladydatura2529 This comment is very naive.
1. Self defense is not murder even if it results in death, Knock it off and learn the basics of what you are talking about please. Because by your logic every single fatal police encounter and fatal self defense encounter is a murder.
2. This comment reeks of victim blaming, Property is important and people who pretend it isn't are probably imo some of the scariest people. Let people defend what they have worked for.
3. This removes all agency from the criminal. I didn't ask for him to rob me or whatever. If he would've left me alone in this hypothetical scenario he would be fine. There is no good justification for robbing or otherwise criminally antagonizing people, Not even being poor.
4.Insurance, FUCKING REALLY? What are you gonna ask me to tell my butler to call my private security next? Insurance is not cheap and also only helps after the fact.
5.Police aren't magic. The main point of the police is to help settle things after the dust has already settled. I've personally had to rely on the police a couple times and they where around as useful as a moldy dish cloth.
unlike America though Canadians do not have a right to bear arms of ANY kind
so if you are carrying a weapon of ANY kind solely for the purpose of self defense and you never use it to hurt others and never intend to use it to hurt others, you are still breaking the law
the law in Canada is HEAVILY weighted to favor criminals...
Yup I wish I could carry
Canadian criminal code
In Canada it's illegal to carry a weapon for the purpose of self-defense. And according to the Criminal Code, a weapon can be anything designed, used or intended to cause death or injury or even just to threaten or intimidate another person.
@@Justsomeoneyoucouldhaveknown I've seen fists being claimed as a deadly weapon
@@ChaosBW Oh goodness really?!
So true. Criminals have few deterrents. Canadian law is written by people with an agenda
Why can a cop shoot a person with a knife but a citizen can’t
Because police go through years of training smart one
they can't, they shoot with guns not knives, nobody can "shoot" a knife
@@thedreamer4222 he is meaning 'a person Carry a knife'
@@jays5926 so I should just get stabbed to death
@@jays5926 years of training on what? Gun handling? Citizens shoot way more than most LEO, aside from specialized units.
So what is the training that makes a police officer be able to defend himself that a private citizen doesn't have?
I'm a descendant of the ancient warrior defenders of the celestial gatekeepers of the planet Zagnar and I'm protected by my religious rights and freedoms. So there, I win.
I've heard Zagnar is lovely, never been there myself. Not at today's gas prices. I've heard they have nice microbrews and good melodic punk bands
That was very helpful. Thank you for taking some of your time to share this information.
At least you understood. So many people don't understand our laws.
Because nobody cares about your stupid laws
The laws in canada are so bull sh*it
guns and self defense weapons are illegal ?
I love your videos. You must be doing something right. I watched several videos back to back, checking each time to see if I'm still subscribed. About every 3rd video I have to re-subscribe to your channel. Please keep the insight flowing. Thanks
I might move to USA after hearing this.
At least the USA is a real country with enough balls and insight to recognize that they're fucked up and that human nature is extremely nasty, and no amount of political correctness and/or stupid legislation will ever change that. Only lethal weapons give you a small fighting chance.
Yes having weapon restrictions, reasonable force for self defense and less mass shootings is clearly a "bad" thing.
@@nogreatreset8506 can't tell if youre just stupid or actually serious. the first two things mentioned are bad things, and the last isn't true because gang related mass shootings aren't reported as mass shootings here...
I'd move to america myself easily if Trudeau didn't make it impossible to save money.
It should only be brought to court if there's evidence of excessive force. Canadian police and law are way too tough on average citizens defending themselves.
You're SUPPOSED to use excessive force when defending yourself. The whole idea is to incapacitate your attacker! The notion of "reasonable force" is insulting and dehumanizing. I'm supposed to worry about the human rights of my attacker?
Try punching and kicking cops, judges and/or even politicians, will THEY use "reasonable force"? No, you'll be shot or possibly targeted and gang stalked for the rest of your life.
Even in backwards England they have 'Castle Law.' Canada does not.
We kind of do. A Ontario judge agreed with someone who shot in the air and mentioned castle law
It's arbitrary in Canada. You must not use defensive force that exceeds what your attacker uses otherwise it could be a criminal offense. Which means, you must use "reasonable" force.
Of course the whole point of self defense is to use absolute maximum force possible and overwhelm your opponent as quickly (and possibly lethally) as you possibly can. In Canada, that's a criminal activity.
@@devilsoffspring5519 So basically if you get attacked by a knife and all you have is a gun your supposed to say "hey wanna trade? I can't exactly defend myself with this gun, its way too strong"
@@shabadooshabadoo4918 Basically yes, if you're a hunter or target shooter (Canadians may not own guns for any other reason) and you happen to have your gun in front of you when someone breaks in, you may NOT legally load it and use it to defend yourself. You may NOT even scare an attacker away with your gun, without firing any shots. To do so in Canada is an extremely serious criminal offense.
However, in the event of a self-defense situation involving a gun, it is ultimately up to the judge to dictate whether or not you do any prison time for it. The judge will "grade" you based on your income, title, kids, ownership of real estate and/or a business etc. in other words they will rate your social position and decide if you should be locked up or not for shooting someone or scaring them off using a firearm. If the judge decides in your favor, they generally give you a suspended sentence--no prison time, but if it ever happens again, MEGA prison time.
the law in Canada is that courts will rule against white people 100% of the time
Last time, a long time ago, a guy attacked me I placed him in a carotted artery pinch and the fight soon stopped. I just set his unconscious body on the ground and walked away.
Putting someone unconscious is enough to get a battery charge nowadays I have a friend who got charged with battery because he choked a guy out that tried to Rob him thankfully he only got probation but the fact that he was punished for defending himself is wrong
Great video sir. Thanks for your knowledge.
A video of personal rights to protect entry to personal property including home and vehicle would be great.
Agreed
When the crown decides what's allowed as evidence it kind of makes the law useless.
When the process is the punishment, then justice is a farce.
It’s always the job of the prosecutor to find you guilty even if you are not. The prosecutor always wants to win the cases against someone regardless if the other person is innocent, THEY DON NOT CARE!!!!
What about when the RCMP are the attackers? Tying to wrongfully arrest person
Comply first then explain.
@@derekwildash2683 as much as this often means you get the snot beat out of you we kind of have to let the police do that and let them have their fun it seems. I see very little if any Justice in Canada, thinking I'll be leaving this place.
@@willparker6126 Of the thousands of interactions that happen everyday between cops and the public it is usually only the bad ones that make it to the headlines. I stand by my comment.
@@derekwildash2683 I have had three negative ones in the past 24 hours, dozens in the past year but maybe about the same positive ones, shall I explain further?
@@willparker6126 Maybe you should move.
What is "reasonable" when defending one's self? What if someone 15 cm taller and 40 kg heavier attacks me with a hockey stick or baseball bat? Am I limited to using my arms in self-defense?
I really think the word "reasonable" is a huge issue in this text, it suggests that your force needs to match the attackers force which shouldn't be the case. Your amount of force should be dictated by the context of the situation. If I'm fighting with someone over a seat in a bar and he punches me, no i can't pull out a glock and blat blat. But If i wake up to someone punching me in the face and I don't live with anyone, then I think a glock and some blat blat is pretty "reasonable".
There shouldn't be any guessing, like "oh does he have a gun in his pocket?", "oh is he just here to shoot me in the leg? or does he want to shoot me in the face?" none of that is reasonable to ask someone to even consider or think about.
One of the few things Canada should take after the states for. I've had a drug addict harassing me for months because he's convinced I somehow owe him money though I don't associate with him or with anyone he does, that he's gonna cave my skull in if he ever sees me, make me swallow my teeth and I should learn to dodge pretty quick. Weapon implications on that last one.
I'm in a town of 20K in NFLD, it's relatively small. I called both the RNC and RCMP with my most likely scenario:
I'm walking down a street and get verbally accosted, threatened, (this guy carries a blade more often than not but for the sake of not getting them too wrapped around that; says he's mentioned carrying things that could mess up my day .. just vaguely enough the police can't say boo to you for) and don't want to turn around, for concern if I do, I'll be harmed while trying to flee. All they tell me to do is "Call us and wait for us to show up, or run away." That's it. They've got a shit response time considering you can get from one side of town to the other in 15 minutes as a civvie, you'd imagine less with lights and sirens. I'm 6'8 280 pounds with a back and knee problem. I'm not running anywhere for long. This guy is 5'9 160. He'd catch me wherever I try to run. "Sir, I can't advise you on anything other than calling for help or running away." Yeah, but one of your constables "name here", 5 years ago told me to back up, hands up and if approached while expressing a wish not to get physically involved, there's only so many steps back a person has to reasonably take before standing their ground." Is what I was trying to say before being continuously interrupted and told to call or run. What a load of horse shit, excuse my language. A joke.
Canada should have stand your ground. With reasonable force. Then, when I get chased by an irrational crack head who may just surprise me one day, I don't have to run for fear of death or 6 years in jail. I should be within my rights to get ready and fight to eliminate the potential threat, restrain then worry about the cops coming to do their job, when I'd probably catch more jail time than jerk face. Palm to the nose, solar plexus and liver shot. Front kick to the knee. He's incapacitated, I didn't kill him, I stopped his ability to come after me, why are you putting me in cuffs? Bullshit.
@Golden Knight Yeah what an idiot. He certainly doesn't deserve to live in the town of his choice if there's a criminal harassing him. He should be forced to move farther away from his friends and his job so he can accommodate the junkie threatening him.
If the person actually attacks you, you can defend yourself. Just don't go over board on the defending part. I always tell people. You can't stab a guy because they punched you and claim defence. It has to be a reasonable amount of force needed to stop the person. Also we have the right to remain silent, don't let the cops make a case on you. Let the courts deal with that part. You may say something they can use against you.
@@adamrodgers9175 I'm a 5 foot 4 20 year old 120 lbs male, weakest in my class. I have been harassed, bullied, and threatened my entire life by men. Do you think even for a second I could defend myself against any average man accosting me? You're saying that if they punch me, I can only punch back. But my punch is worth infinitely less than theirs, and in the many times that I have been beat up, I have not once been able to escape or adequately defend myself. As a man, people don't think twice about whether or not that its okay to mess with me, only that if they wanted to they could. I fear the day that I am attacked as an adult now, because my only options are risk serious grievous bodily harm or to carry a knife. I do not carry a knife, because I fear I will go to jail, but I do fear for my life living in Canada every day I am alone outside. Last year I was threatened by my friend's ex boyfriend for an alleged flirtation. He was half a foot taller and weighed double my weight. Surely I can defend myself against this man, when I barely manage to win arm wrestles with women, which should be easy for a man, right? Or is it my fault that I am not physically capable of defending myself, that I am not entitled to self defense or my own life in the event of an attack?
@@Rudemario1 Contrary to popular belief, Canada is a belligerent miserable country. You're wasting your life living here.
its actually not that illogical when you think about it, a country of people who cant defend themselves needs more help from the government
I find that the police (in cahoots with per^H^H^Hprosecutors) that they are quick to charge someone who rather obviously acted in self-defense, and let someone else sort it all out. The process is the punishment. An apt comment comes to mind: "Bury them deep. Tell no one."
another phrase comes to mind shoot, shovel and STFU
*Criminal murders citizen in their home*
The System: Awww, well... as long as you promise not to do it again, ok? *chuckles*
*Citizen defends against would-be murderer in home*
The System: I'm about to end this whole man's career.
I actually had that happen to me--I shot and killed a bunch of intruders in the house in Ontario and the judge thought I was too "loose" with the use of a firearm (I had been gangstalked for many, many years and had had more than enough.)
I told the judge that if she thought my force was unreasonable, I would stalk, rape and torture HER until she changed her stupid little tune.
Canada is a sickening cesspool of political correctness and we don't even have gun rights in this shithole country.
I am blown away by the fact that a self defense scenario makes it anywhere near a court room. In Michigan the stand your ground law makes it so the vast majority of self defense claims (including the ones that involve the perpetrator being shot to death) never even involve arrest or charges
I like it when other people, even if, they are not from here states an opinion.
@@martinriley1683terrible that people are afraid of people.
@@user-ue8yb7ux7x I do not like when a society that promotes a system where criminals know that they can terrorize and victimize innocent law abiding people because they know there is no risk of harm or death because they know all good people are forbidden to protect themselves as they know they are all unarmed and vulnerable. I mean common!! At least give the public back their pepper spray
@@user-ue8yb7ux7x I am from michigan, I watched our state go from a duty to retreat state with many protections for violent criminals to a stand your ground state with permitless open pistol carry laws. Violent crime has gone down in many areas of high gun carry laws. Detroit is one of the examples. People tend to think twice before mugging and carjacking once they know that their next target could be the person who puts you in the morgue. Once a person decides to commit violence, they morally lose their human right to not forfeit their lives
Very insightful and succinct, thank you.
So if someone stabs me am I allowed to stab them back or am I just supposed to keep getting stabbed
You might recall the horrific incident in which a Canadian gent asleep in his home, in bed, woke up being stabbed by an intruder/assailant in his head!!! After a struggle, the victim managed to get the upper hand, but in stabbing his attacker to death, the Crown felt he may have flipped the scales and become the assailant.
Seriously, it would appear the Crown expects someone to be in their right mind after being awakened by stabs to the head. Clearly, the victim should have taken the knife away, and offered the assailant 'tea" while waiting for the ambulance. After all, we are Canadians, not animals. /sarcasm (for the weak of mind)
I defended myself, as a teen, against an adult.
He struck me first, after following me outside, and casting numerous racial slurs.
After I felt he was no longer a threat, I turned away, he stabbed me in the throat with a 6" steak knife.
Few days in a coma, four surgeries, eight transfusions.
Oddly enough, this convicted sex offender, who had multiple aggravated assaults was only charged with aggravated assault.
After they took his racial background into consideration, as they must, he was sentenced to two years as a sum of his prior charges, which included;
8 counts of sexual assault
2 previous counts of aggravated assault
And $37500.00 worth of fines from MPI for vandalism, theft etc.
What a joke our legal system is
Oh well, at least the victims compensation board gave me 100.00 for my destroyed clothing and shoes.
Canadian self defence law is a joke. For instance, someone breaks into your house and stabs you with a knife, and you have a gun but can't use it. So what do you do? Tell the attacker to stop stabbing you for a minute so you can grab a knife that it can be equal force?
Canada is a joke. Unfortunately I was born here. I haven't a clue why anyone would want to be Canadian if they really had any choice.
@@Vorniforous Actually it is... Dakota Pratt, stabbed in his sleep, fought back, jail.
You use your body to defend yourself if you cannot use a knife of a gun reasonably for self defense. Reasonable self defense is a God given right in Canada.
@@ZenKrio reasonable self defense is a God given right in Canada. Dakota Pratt stabbed the criminal way more than he needed too and kicked him when he was already down. Pratt murdered him for no reason because he did not need to kill him. He should have made some stabs if applicable then fled. If the criminal is fleeing you do not chase and attack him, you call authorities and or leave the residence. Mr Pratt even chased him for no reason because Pratt was not being attacked so he did not need to attack back. In Canada you defend yourself reasonably. This is not the United States where you get to chase and attack a criminal who is fleeing and get away with it by calling it self defense.
Great explanation
i have a HUGE problem with this country self defence laws . who died and left them control of my life ?.
Basically I would not want to live in any of the big cities like Toronto and Montreal. I'm glad to live in a fairly safe part of Eastern Ontario right along the Quebec border, but geez I sure hope it remains safe, because our hands would be tied if we have to defend ourselves. The most common crime in my area is actually bike thefts around 4-5 am, often by teens or young adults who then sell the parts. When it comes to self-defense, I think women especially should be given special allowances. I always worried when I was younger and my mom would come home from PSW work around 10-11 pm.
It’s been said so many times before, laws protects criminals not the law abiding citizens.
I own a .80 cal. 58.5 inch black powder Brown Bess Smoothbore Musket for home defense, if I ever miss my golf ball sized shot, I have to turn to the triangular socket bayonet at it's tip. Should my musket remain stuck in the first rapscallion, I must resort to either my 7 inch. pearl gripped steel dagger that's strapped to my leg or the .56 cal. (25-BORE) Brass barreled "Prince De Bouillon" type Flintlock pistol that is suspended on the fireplace to then deal with the second scoundrel. It is my understanding that upon capture by local authorities after all the ruckus, I shall pay with my head on the French eastern gallows for defending my private dwelling. Ahhh, the great freedom in the Canadian dominion!!
A pedestrian (in a parking lot) thought I almost hit her. I was stopped behind 2 other cars waiting to turn. I didn’t see her. She banged her hand on my rear driver side window.
I pulled into the McDonald’s parking area and got out and asked her if she got my car (I should have just kept going!! Or even said sorry even if I didn’t almost hit her)
We started a heated argument and could not agree. I turned to head back to my car (the argument started in the McDonald’s entry and I was parked maybe 100 ft or maybe a little less) and she was following me. I turned back to her and had my phone up like I was going to film her but it wasn’t even on and she lunged and smacked my phone out of my hand. I pushed her hard (due to height difference I pushed her bobbies) I was really angry and so was she and I told her to get away and she was crazy and after I picked up my phone she started grabbing at it and lunging at it again and pushed her again. I continued to my car but every time I had my back turned to her she would rush up closer until I turned back to her then she would stop. We are arguing the entire time. Now I’m at my car and she keeps lunging towards me. I don’t even want to turn to get in in case she grabs my hair or something so the next time she lunges me I kick her really hard in the leg. Now she says she is going to file a report to police. They said I don’t have anything to really report and have to wait to hear if she is accusing me. I realize I might have made things worse but am I going to be in trouble for kicking her?
The only self defence move you can make in Canada is scream
The proplem is the natural of man don't let screaming
A woman can screaming but man can't even he want ...he can't
It's like a software in every man
It just makes citizens into victims.
34(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.
Everyone has the god given right to defend themselves!!! We don't get our rights from politicians!!!
Unfortunately for people that are in a position wherein they need to defend themselves quickly and with extreme prejudice, they can't simply because of ridiculous laws and edicts that limit the law abiding citizen in responding to the actions of criminals that would prey upon them....
This is why I want to move to america instead of canada
Since the laws they're allows us to use any self defense tool including semi automatic weapons.
laws in canada is just ridiculous.
So go for it. I lived in the US for six years and was happy to come home to Canada.
Go move to the US. Texas would gladly have you there.
Fuck Canada, do NOT move here. If you want to live in this part of the world try the USA first, but NOT Canada.
Yes having weapon restrictions, reasonable force for self defense and less mass shootings is clearly a "bad" thing.
@@nogreatreset8506 Oh im starting to see now, you're a bot ran by an uneducated idiot...
Your allowed to defend yourself agianst cops also if you feel you are being assaulted for no probable cause
Serious question, how difficult would it be for Canada to adopt a policy of chopping off someone's hand for theft?
The trap here is "Reasonable force" there is no legal definition for it like there may be for what an assault or what murder is. You could be attacked and knock someone out then call the police and you would likely also get arrested and or charged and in court it could be said that the force wasn't reasonable because you ended the threat rather than fighting just enough to be able to run away and get chased. Nlt the fault of the police but the fault of the judicial part of our legal system that I think has failed us in quite a few areas. Like how its technically illegal to carry anything for self defense as it is carrying with intent to harm.
Reasonable force basically means politely asking if the assistant wouldn't mind terribly not killing you and your family. If the intruder refuses, well, then you can call the police after asking the attacker if they wouldn't mind waiting until you do so. Just don't expect the cops to show up soon, or at all.
Section 40 Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.
Under this code, it's as much force, not reasonable force. Property laws. Self defense should be the same imo.
So in essence, while the legal principles around self-defense and the burden being on the Crown apply in criminal court cases, this evidentiary burden does not directly carry over to workplace conflicts and disciplinary processes. In those contexts, employers follow their own internal protocols in responding to workplace violence incidents, rather than formally evaluating legal self-defense claims and burdens of proof.
I believe that in Canada you are guilty and you must prove " beyond a shadow of doubt " that you are innocent ?
That's the problem with the Canadian justice system you're guilty till proven innocent
In home invasion, the owner has the right to use deadly force always! Having someone in your home in the middle of the night is shocking and they should be aware if caught by the home owner, they could be killed by him! If they want to risk their life breaking into my home, then come on down, because they will never walk out of my home!
Hope you're not Canadian because that's not how it works here. You use force against an attacker and you're automatically charged with assault/murder, and it's up to the judge to decide whether or not the charges will be dismissed (but kept on record for the rest of your life.)
Canada is a VERY tyrannical country. We're a dictatorship run by psychopaths and the people, by and large, are defenseless.
Any assault should warrant more force back at the perpetrator. Invade my castle and your life is over.
IF by "has the right" you mean, "Will go to jail in Canada if he tries", then your first sentence is accurate..
Beautiful law read interresting one of my favorite is thst 269.1 its global
Best defense in any case is to simply have shut the f#$k up. Makes your lawyer's job easy.
Yep, agreed. As much as there is often a natural desire to explain, because you truly are innocent. They can, and will twist anything, and everything.
With the current home invasion case going on, do you think that it will result in better case law? Is that why they’re going forward with the trial? Would crown take something the length in order to get good case law for self defence or do you think there is much more to the story and the accused involvement/connection with those home invaders?
So…in the event of a robbery in your Canadian house; bring a shovel. If you’re robbing someone, make sure they get a couple good hits in before you call the police on your assailant.
I just want to avoid having to pay you.
You pretty much have to get hit first to call it self defence. And who wants to get hit first?
Especially when you're attacker is a lot bigger than you!
These bullshit law make no sense. Like, who the fuck creating this laws?
Someone who isnt me (SWIM, is how i will refer to this person) assaulted someone, complete stranger, no cameras showing the incident, the person saw SWIM run toward SWIMs property but in no way shape or form saw SWIM actually go into the home or even onto the property as there is a row of THICK cedar trees around the property as well as blocking the view from where the assault took place. There is a parking lot right where they would of last been able to see SWIM run (meaning SWIM could have also ran to a car parked there). =*Backstory*= SWIM had his dog with him during the situation. Stranger was upset SWIM didnt pick up dog poo from a no mans land between two fields (waist high grass no need to pick it up) Stranger then threatened to hit SWIMs dog with a stick he had because SWIMS dog was being aggressive because stranger was yelling and screaming at SWIM. SWIMs dog is trained to protect him. SWIMs dog is part shepard, which SWIM then walked away to nearest pole and tied up his dog and walked back over to stranger confronted him about threatening to hit his dog (SWIM HATES ANIMAL ABUSE), stranger then raised his stick in a threatening manner, same stick that he threatened the dog with. SWIM grabbed the stick with one hand and swung with the other and then swung again as the guy stumbled back knocking him unconscious for a few seconds. SWIM went to check on stranger to make sure he was okay BUT when stranger came to he said he was calling the cops so SWIM ran (SWIM has been beaten past recognition by police before, and was scared for his life around officers, has also had evidence planted on him in the past) The stranger then drove to each of the 3 houses in the area around where he lost sight of SWIM (SWIMs mom told stranger we dont have a GSD) The cops then later showed up at SWIMs house asking if we had security cameras. SWIMs mom (who SWIM informed about the situation) was asked if we had a german shepard SWIMs mom said her son does have a dog but its a mutt not a GSD and he hasnt been home for the last 3 days. Cops asked SWIMs mom for SWIMs name (which she gave because she didnt know she could just say no, also didnt want to make it seem like she was hiding something), Cops then asked to walk around the property to make sure no one was hiding out back. Is it likely that SWIM would have a warrant? Is there enough evidence against SWIM?? Would you be able to check for a warrant for SWIM. SWIM doesnt want to goto the police station and get arrested on the spot if he does have one, he wants to prepare first.
To top it off the stranger now stalks SWIMs property walking all around it staring into it which has subsided recently, but for months after the event they would do it multiple times a day (assumedly looking for SWIM) SWIM has the license plate of the stranger (incase they need a restraining order) as SWIMs family is scared that he is planning on doing something to them as revenge.
It's like a coaches challenge, do they have enough evidence to overturn the call?
Ive been Harrased by my Next door neighbour for 6 months now. Every time he sees me he makes some sort of nasty coment. The other day he charged at me in the Elevator because he thought I was laughing at him. I have made a police report because he hasvpushed ne in the Elevator. I also let Housing know whatcwas going on. So far nothing has been done. I am 67 years old 4foot 11" and 97 Lbs. Im at the point where Id like to find something to defend myself.
So you have to think about what a judge would consider the best way to defend yourself when you are under the stress of possibly losing your life. Like " hold on attackers! How much do you weigh? Do you have any weapons on you? Just asking so I can now defend myself and not go to prison for life" yeah that makes sense
What do Canadian judges say about defending yourself when you are being stabbed with a knife in your bed say 2 o' clock in the morning??
Guilty until proven innocent.
0:14 most Canadian opening ever, he had to repeat “about” twice just to emphasize he’s a Canadian!
Mike Kruse is a man of many leather bound books.
yes, I as a Canadian have the right. As long as I have video puff.
i always said ,,, we should have the sam as the US ,,, a second amendement , we should be allowed to carry a gun as we want....some stupid people think that having a gun in your hands makes you a bad person hahahha , it has no bearing on that issue,,, not 1 crime in canada in the last 24 years with a registered firearm ,,,, so that tells you that people who have them legally ,,are responsible people,,, and those people should have the right to protect themselfs from a corrupt governement and other dangers.
Love it.
The constitution act is the Supreme law of Canada I believe and all these acts and statutes that do not conform to the constitution have no force or effect. Challenging that must first go through the attorney General I believe.
After the arms are taken..... then knives and pepper spray..... so when those are gone, do we start hobbling people as children cause they might hurt someone while defending themselves?
What about using something like a collapsible baton, or a pair of handcuffs to restrain the person who was attack in you?
Baton is iffy because it's a tool to hurt someone and that's all that matters to them, If it's original purpose is to hurt someone. Handcuffs I'd imagine are ok as long as you don't hurt the person and its solely just to stop the person. In the laws of defence you have to be reasonable and as I told others. If you are in a situation, don't say anything to the cops. You have the right to remain silent, let the courts deal with it. You could end up saying something that incriminates you. The cops do record what you say.
If you were carrying the baton for the purposes of self defense, that is already a crime in Canada. And look up the story about the Toronto Grocery Store owner that caught a thief and locked him in a van till the police arrived, he was charged with forcible confinement, I am sure the handcuffs would fall into a similar category. That all being said, I would do what made me feel safe, regardless of the laws
@@adamrodgers9175 You've never spoken to a cop in your life, have you? NOT saying anything incriminates you every bit as much as simply telling the truth.
Holding anything for self defense is illegal in Canada. And Handcuffs, that could actually go down as kidnapping to forcible confinement. In Canada, if youre a girl and a man is going to rape you, the only way to have the rape stop is to consent, at least that way, it isn't rape, because fighting back or using a held item is illegal.. Pepper Spray is illegal.
Does the current political climate, with the politics of firearms legislation being what it is today and how social media has been used to malign firearms owners, play any part on how the courts would look upon a person that utilized a firearm while defending themselves? I’m left thinking that even a person that is well adjusted and eloquent in testimony would not do well even if it could be established the danger to themselves was real and their life could have ended.
I think size coming into it is unfair. Some smaller people just resent bigger people. Maybe its fear,I don't know. Why am I automatically behind the eight ball because of my size?
You only claim self defence if they find the body.
Yes I know that some things are easier thought and said than actually done. If someone runnin who shootin, and I'm not the tootin rootin cowboy type.
Okay, but what's stoping a judge from becoming a political officer at the end of the day?
If you get attacked for what you believe in and the judge and the attacker/s believe in the same thing, be it religion, ideology or insert other society factor, what's stoping the judge from simply picking up where the attacker left and keep attacking you using the law this time?
So another words I can take up martial arts & defend myself from any incoming attack, and that's going to mean "my teacher told me to just ignore him" will not help at all if I'm being engaged into mortal kombat against my own will.
The problem with that is if you have a martial arts mastery you are required to check in with your local police office, also it means that if you ever have the cops pull up on you, your fucking hands can be considered "deadly weapons"
what about the use of a weapon in self defense its not all fits fights
Canadian self defense law is so simple. You are not allowed to defend yourself. If you do then judge will decide how illegal was it. 😂😂😂
Can you defend yourself with knife without being arrested cuz I used to carry a knife for protection but I stopped because I have the fear of if I were to use it I would be arrested even if I felt like I needed to use it
It's illegal to carry a weapon for specifically self-defense, however, I **believe** that if it's meant for a seperate purpose you can still carry it and use it as self-defense but then you will likely be charged with assault with a deadly weapon. Honestly if someone comes at you with a knife just fucking die, legit the only thing you can do unless you have a bank account with more then 5 figures.
@@CCA.C17.SQL.02Idot that what I thought. I will have have to hold back if someone attacks with a knife or no knife cuz I dont wnat to get charged with battery cuz I know how to break and dislocate bones last fight I got into I almost pop their shoulder out of their socket because they threatened to stab me with a bottle . That's the loophole in self-defense if you are good enough to defend yourself where the other one is injured are the victim even if they are the aggressor whatever happened to the right to protect my personal property like I'm not looking to take a life but I think I should be allowed to hurt them enough that they don't want to keep attacking
This is the main reasons why I want to move to America instead of canada due to they're laws that are complete bull shit criminals are able to use weapons and citizens aren't ?
what am I gonna do if I was threatened with a knife and can't have self defense
This is just ridiculous
in America you can carry a knife and guns if you have permits.
You can legally carry a knife if it can be proved that it's a tool that has a legit use. I've been carry a knife for as long as I can remember. I clean my fingernails with it every day. What you cannot do, is admit to carrying anything to be used for self defense. That shit will land you in the back of a cruiser.
Like that wgen you have that some can be accused of no assistance read the law we are rich to canada
Let me 1st premise my Question as hypothetical, and your answer not legal advice but general. Say I am considering filming areas around where I live(New Bunswick), and I see so many videos that people and shop owner take great offence to being filmed and some get somewhat violent...I am a senior short and in fair shape. To what extent can I, say, go to defend myself without getting into fisticuffs, which in most cases I'd lose badly and my expensive camera equipment may get damaged?
Adults with no fear ARE ACCOUNTABLE for action(s) regardless how heinous.
Make deadbeat parenting the child abuse charge it should be and turn the wannabe 'og's' to P.c. cases.....
Size? So even if I'm not a threatening person, have no history of aggression, but on the merit of the fact I'm over 6 feet tall, and over 230 pounds, a little guy can throw a punch at me and beat an assault charge because he felt threatened? And, if this is the case, I defend myself and knock the little guys teeth out I can't claim a reasonable amount of force was used because one punch broke his face? You guys that sit behind and before the bench really are part of the problem by over-complicating something just for the payday.
The first person to throw the punch is the person in the wrong. Period.
In Canada (and probably everywhere else) it's typical for people to harass smaller people but never lay a hand on them--just stalk them and violate them anyway possible. That way, when you finally snap and swing at them, you can be brought up on charges of aggravated assault.
Canada is ridiculous for that sort of nonsense, and telling the police will basically get you laughed at.
Somebody try breaking into my House they're Eating a ton of Bear Spray and meeting my Bronze Spartan Shield replica face first.
What happens when the accuser was the threat and I needed to defend myself from them but they used children to lie an get a false story to.police to even press charges? How to prove the lying kids
I heard an old cop say this.
If your going to claim self defense and have an unconscious attacker on the ground. At least plant a weapon on him before the cops get there.😉
Best bet is to not leave a body or any evidence 🙂
Hmm…
It’s just as unclear as before. Do Canadians have the right to self defence or not?
Before I understood it as no. Your explanation seems to conclude that “maybe”. Is that correct?
*No Trespassing or there will be Use of Force*
Let's see...a lunatic in a park...runs towards me, with a 7 inch hunting knife...and at arm's length to me, makes a thrusting movement with the arm holding that knife...towards my abdomen....and I intercept his/her arm...use my hand...to turn HIS/HER blade towards HIS/HER abdomen...and I overpower his/her thrust, and the blade enters his/her body...and he/she goes down, injured, or dying. Now...I should have EVERY right, up to and INCLUDING incapacitating the threat to bodily harm, and ultimately (possibly) to the taking of my very Life. If that S.O.B. goes down, including his/her death...so be it. I think it is absolutely outrageous that the one, BEING ATTACKED...being the target of an ATTACK, would even be charged with any offense, in Canada. I believe strongly that the MINUTE, anybody attempts to harm or kill another...is that they give UP THEIR RIGHT, to the same expectation of not having that done to themselves....and THIS should be the Canadian Law regarding Self-Defense. My take.
I dont think corrupt cops who harrash and exposed want that
Example of why I’ll never ever want to live or even visit Canada…. Taking someone’s gender or size into account when talking about them having to PROTECT themselves? Who cares if you’re a 230 lb man and the attacker is a 98 lb woman… especially if the woman is attacking you with a knife or gun…? What does the defender’s weight, gender, or anything else matter?
The law of self defense was created by the govt to allow cops and judges to have an opening to allow them to give people legal immunity as they wish.
Self defense is a God given right. We all have it. Just like a dog a bear or deer, we are all free to do whatever the fuck we want in order to survive those who would attempt to cause us harm. Including killing them on the spot.
Can't ever own pepper spray in Canada. Ridiculous.
That's good to know Idk why this came up on my recommendations. At least know I know self defense laws. So as long as your maintaining your own saftey then it is self defense. A aggressor someone who is mean dishonest or physically dangerous can defend against.