For defending yourself the Criminal Code, Section 34, allows the use of force for self-defence where there are good reasons to do so. This applies to firearms in Canada. It is not specifically stated in the Code that firearms may be used for self-defence, even though proportionate force is permitted. The type of threat, the imminence of force, the use of weapons, and the past interactions between the parties are among the factors that go into judging reasonableness. It is difficult to prove, according to case law, that using a firearm for self-defence when someone’s life is at danger is legal. Many do not want to come forward, thus it is unclear how many people have used a weapon in self-defence.

Using a Firearm for Defence in Canada

The Criminal Code does not provide that you can use a firearm to defend or protect yourself, but it does enable you to use proportionate force to defend yourself.

Section 34 (1) of the Code states that a person is not guilty of an offence if they believe “on reasonable grounds” that force is being used against them or another person. To determine what is reasonable, the Code states that factors to be considered include the nature of the threat, the extent to which the use of force was imminent if weapons were involved, and the history between the two parties.

This does not apply, according to a clause, if the self-defence was used against a police officer or another individual engaged in the “administration or enforcement of the law,” unless the individual in question committed a crime.

 

Do Firearms Aid in Self-Defence in Canada?

A Department of Justice (DOJ) states that it is challenging to quantify the frequency of handgun use for protection or self-defence. It mentions that those who use a firearm to stop a crime could not report it for fear of being pursued by the police. It is also necessary to take into account the ambiguity around what constitutes a defensive action.

Although gun owners are less likely to become victims of crime, the risk of suicide or accidental death may exceed these advantages, especially for women who are vulnerable to domestic abuse, according to a DOJ.

What Is Needed to Convict

What the Crown Must Establish to Demonstrate That You Were Not Acting in Self-defence?

The burden of proof in any criminal case rests with the Crown to establish your identity as the offender, the date the incident occurred, and all the components of the offense, such as your possession and control of the weapon at the relevant time. Additionally, they must demonstrate that you did not act in self-defence, which is permitted under Section 34 of the Charter but is a difficult defence to establish in Canada, according to case law.

The Crown must establish beyond a reasonable doubt either that you did not use a firearm in self-defence or that your use of a firearm exceeded what was appropriate under the circumstances for the court to find you guilty.

Defending Yourself Against Criminal Charges

As long as you can demonstrate that your life was in danger, using a firearm in self-defense is allowed, though case law indicates that this can be challenging to do. Your lawyer may, however, bring up the legal defense of your rights under s.7 of the Canadian Charter of Rights and Freedoms, which protects “life, liberty, and security of the person.”

If you or someone you know needs legal advice contact Collett Read LLP today for a free consultation. If your matter is immediate please contact us at (905) 541-2228.