Self-Defence and Assault with a Weapon

Key Takeaways

• Self-defence is legal in Canada, but it’s severely limited under Section 34 of the Canadian Criminal Code.
• You cannot use weapons as self-defence tools (guns, knives, or other tools).
• Proving self-defence with a weapon, especially a gun, is exceedingly hard.
• Assault with a weapon carries a potential prison sentence of up to 10 years.

Table of Contents

1. What is Self-Defence and Assault with a Weapon?
2. Is Self-Defence Legal in Canada?: A Rundown on Canadian Self-Defence Laws
3. What Self-Defence Weapons Are Legal in Canada?
4. What are the Criteria for a Successful Self-Defence Case?
5. Get Effective Legal Representation for an Assault with a Weapon Charge
6. Frequently Asked Questions about Self-Defence and Assault with a Weapon

No matter who you are, criminals don’t discriminate; anyone could be a victim. When a criminal attempts to harm you, you’ve got a choice to make – defend yourself or hope for the best. Most will choose the former.

Though some might think that self-defence in all forms is a protected right, the Canadian legal system begs to differ. In Canada, the law acknowledges your right to defend yourself, but it also draws a distinct line between self-defence and unwarranted force. This brings up a ton of questions for Canadians:

• Can you defend yourself with a gun in Canada?
• Can you shoot an intruder in Canada?
• Can you kill in self-defence in Canada?

Read on to learn the basics of self-defence according to Canada’s self-defence laws. We’ll also touch on legal weapons in Canada for self-defence and answer frequently asked questions about self-defence laws in the country.

What is Self-Defence and Assault with a Weapon?

The meaning of self-defence differs based on the jurisdiction, but in Canada, it refers to taking action to protect either yourself or your property from harm. It’s a commonly used defence for those accused of a crime after protecting themselves with force.

According to Section 267 (a) of the Criminal Code, assault with a weapon refers to an assault where a person:

1. Uses or threatens to use a weapon or an imitation of one, OR
2. Causes bodily harm to another

Is Self-Defence Legal in Canada?: A Rundown on Canadian Self-Defence Laws

Yes, self-defence is legal in Canada, but only when it aligns with the legislation in place. According to the Government of Canada’s Criminal Code Section 34, self-defence has to meet some very specific criteria to be considered justified (we’ll outline them later on in this article).

Note: Per Canadian law, you can’t claim self-defence whenever the other person is required or authorized to use (or threaten to use) force. Imagine a situation where a police officer is subduing someone to execute an arrest. The arrestee can’t punch the officer in the face and then claim self-defence (unless they believed on reasonable grounds that the officer was acting illegally).

What Self-Defence Weapons Are Legal in Canada?

Now that we’ve covered particular cases where self-defence is legal, let’s move on to the issue of weapons. Can you use self-defence weapons in Canada? And if so, which ones are legal?

In general, in Canada, it’s illegal to buy weapons for use as self-defence tools. Even non-lethal weapons like pepper spray, bear spray, and tasers are illegal to carry for self-defence.

So, can you shoot someone in self-defence in Canada or use other weapons to protect yourself? In short, no.

What You Need to Know About Canada’s Gun Self-Defence

If you shoot someone because you believe your life is in danger, you could find yourself on the receiving end of an assault with a weapon charge. In Canada, successfully arguing self-defence with a weapon, particularly a firearm — is legally complex and rarely upheld without substantial supporting evidence. Given the inherent danger of these weapons, you’ll have to convince the court that their use was necessary/justified.

Although these weapons may appear less dangerous, they are still illegal for self-defence use in Canada and may result in criminal charges. Remember, there are no legal self-defence weapons in Canada.

Can You Go to Jail for Self-Defence in Canada?

If you are charged and convicted of assault with a weapon, even in self-defence, you could be imprisoned for up to 10 years. This fact underscores the importance of getting a firm grasp on Canadian self-defence laws.

What are the Criteria for a Successful Self-Defence Case?

To build a successful case, your legal representative must demonstrate to the court that you acted in self-defence. Per Canadian self-defence laws in Canada, they’ll need to convince the court of three things:

1. You believed on reasonable grounds that force was being used or that a threat of force was being made against yourself or someone else;
2. The act was committed to defend or protect yourself or another person from the use or threat of force; and
3. The act committed is determined to be reasonable, considering the circumstances.

In section 34(2) of the Criminal Code, the court must consider several factors to determine whether an act was committed in self-defence. They include but are not limited to:

• The nature of the force or threat.
• The extent to which a use of force was imminent.
• Whether there were other ways to respond to the potential use of force.
• The person’s role in the incident.
• Whether any party to the incident used or threatened to use a weapon.

Get Effective Legal Representation for an Assault with a Weapon Charge

Wondering how to defend yourself in Canada? The solution is top-notch legal representation. If you’re looking for a Scarborough, Brampton, Innisfil or Newmarket criminal lawyer in Ontario, Vilkhov Law is the safe, smart choice. Our experienced team of lawyers is well-versed in the legislation surrounding self-defence and assault with a weapon. We’ll craft an iron-clad defence that gives you the best possible chance of acquittal. Contact us today for a free consultation!

Frequently Asked Questions about Self-Defence and Assault with a Weapon