Under section 34 of the Criminal Code of Canada, self-defence or defence of a third party can be claimed where three things are present. First, the accused must reasonably believe that force is being used or threatened against them or others. Second, the accused’s reason for responding to the threat must be to protect themselves or others. And third, the act in question must be reasonable in the circumstances.

Once the accused suggests that their actions were done in self-defence, the Crown must disprove the elements above beyond a reasonable doubt. Self-defence does not apply if you are defending yourself against someone acting with lawful authority. For example, if a police officer is arresting you and you assault them, you cannot claim self-defence.

If you have been charged with an offence that you believe was committed in self-defence, call our office at (905) 541-2228 or fill out a form for a free consultation.