Originally posted by Ping
Cut N Paste 
In Canada, the key provision in the criminal code is that no one may use "more force than is necessary" and then only when "he believes on reasonable grounds that he can not otherwise preserve himself from death or grievous bodily harm." In section 35, the code goes on to require that one must show that, "he declined further conflict and quitted or retreated from it (the assault) as far as it was feasible to do so before the necessity of preserving himself ... arose." Moreover, the right to use physical force to defend non_family members is more limited than it is in many states, as are a Canadians' rights to repulse trespassers on one's own property, or to use force to stop the commission of serious or violent crimes (Sections 24, 40, and 41).
Self defense is severely circumscribed by more conditions than are typically found in the United States. A wide range of self defensive weapons (e.g., Mace, pepper spray, small handguns, tasers and stun guns) are prohibited, ownership is punishable by up to 10 years imprisonment. For all practical purposes, it has been impossible to own a handgun for self protection since 1977. Recent firearms legislation now requires firearms to not only be unloaded when stored in one's residence but must also be put under lock and key. Judging from news reports, many of those who use a firearm to defend themselves, are charged with one or more criminal violations __ unsafe storage, careless use of firearm, or possession of a prohibited weapon __ and then they have to prove in court that the firearm had been used in self defense.
We've had this debate in another thread. Section 35, the "self defence" provision, is almost identical in substance to the equivalent provision in the U.S. and the law as it stands at common law.
The fact that a person who uses a firearm to protect himself is charged with an offence should not be a surprise. If you shoot an intruder, the law requires you to be charged with assault (at a minimum). Your defence to that charge is self-defence.
It may suck, but that's the way it works.
