yin-yang

Canadian Law

and Self Defence

by Ted Truscott

This book studies the Canadian Criminal Code and how it is applied to ordinary people in every day situations of confrontation. It covers all related Criminal Code sections, re: assaults, weapons, a citizen's right to self defence, etc..

Canadian Law and Self Defence: Sample Contents

Contents

Abbreviations

Citation form

Introduction

  • Torts

  • Appeal Courts

  • Defence to Charges

  • Indictment or Summary Charges

  • Guilty Intent or Mens Rea

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Criminal Code Section Index:Page #

CHAPTER 1: JUSTIFIED USE OF FORCE:

S. 25 Authorized Use of Force to Enforce the Law
5
S. 26 Excess Force a Crime 11
S. 27 Use of Force to Prevent Crime 18
S. 30 Breach of Peace 22
S. 32 Suppression of Riots 27
S. 34 Self Defence Against Unprovoked Assault 29
S. 35 Self Defence in the Face of Aggression 50
S. 36 Definition of Provokation 56
S. 37 Preventing Assault56
S. 38 Personal Property 61
S. 39 Claim to Right 66
S. 40 Defence of Dwelling 67
S. 247 Traps 68
S. 41 Defence of House (Trespassers) 69

CHAPTER 2: WEAPONS:

Page #
S. 2 Definitions, Weapons76
S. 84 Definitions, Prohibited and Restricted Weapons 76
S. 87 Possession of Weapon, Dangerous Purpose97
S. 88 Public Meetings 113
S. 89 Concealed Weapon 114
S. 90 Possession Prohibited Weapon 124

CHAPTER 3: ASSAULTS

S. 265 Assault 127
S. 266 Sentence for Assault 136
S. 267 Weapons / Bodily Harm / Sentence 137
S. 268 Aggravated Assault 141
S. 269 Sentence, Aggravated Assault 143

Sample Index of Topics :

What is Excessive Force?

When is Self Defence Nullified?

Citizen's Right to Arrest

Exact Force to be Measured?

When You Must Retreat or Decline Conflict

To Catch a Thief

PROHIBITED WEAPONS: (not including firearms)

Update on the new weapons Laws!

Illegal Martial Arts Weapons

The Right to Carry a Weapon for Self Defence

Lady's Purse Knife

Legal Weapons Carry may be an Assault

Spyderco Clipit

Weapons and Bodily Harm

Assault (Definition)

Is Consent a Defence?

Threats are Assaults

This work is based upon the study of Appeal Court cases. Every court keeps its own record of all cases in its files but only the cases which are resolved by a change or new or interesting interpretation at the Appeal level are written up in the case summa ries. It would be impossible for me to research all cases. Thus I have no idea about cases which were never appealed. To the credit of the martial arts community I have found no cases where a martial artist was convicted for overzealous use of his skills where his excess was identified to be a martial art or of a dojo owner being convicted for the possession of a prohibited martial arts weapon. If anyone has such knowledge I'd appreciate a copy of the case as can be obtained from the court where the case was tried. Thank you.