Man fatally shot in Saskatchewan was looking for help with flat tire: cousin

[personal touch]

How about?should be in there

 

[Tecumsehsbones]

I didn't read it as "I don't know". More like "I'm not saying".

I can't imagine why he would quote a simple question, then not answer it if he knew, so I'm assuming he doesn't. That's Ron, of course. In petros's case, I assume it's because he fantasizes that he's making some kind of point.

Do you know, by any chance?

 

[IdRatherBeSkiing]

I can't imagine why he would quote a simple question, then not answer it if he knew, so I'm assuming he doesn't. That's Ron, of course. In petros's case, I assume it's because he fantasizes that he's making some kind of point.

Do you know, by any chance?

I wasn't there. What I do know solely from reading the OP is:

• farmer ted shoots 22 year old who was on his property
• friends of deceased claim he was on quest for help changing tire
• RCMP made initial claim that people were on property in order to commit theft
• RCMP claims there was no errors in their press releases
• farmer ted is charged with second degree murder

. The charge seems appropriate regardless of the circumstances of the 4 youths being on his property. The justice system will take it from here.

 

[DaSleeper]

Even firing a warning shot can get you years in court...at least in Ontario....go figure....
Man acquitted of firing warning shots at group who firebombed home | CTV News

At least some lawyers made money out of the man's ordeal.....

 

[personal touch]

RCMP know very well about the perimeters of land rights,or personal space,big dogs are important for this equation

One or two of my information auditing paths of examination of defending ones personal land rights,funny places I ended up at.
I was more interested how knowledge was applied to design of information structure and behavioural response to this structure
Could the master designers be directing the agendas and outcome to the end results?
Yes is the answer

 

[Tecumsehsbones]

I wasn't there. What I do know solely from reading the OP is:

• farmer ted shoots 22 year old who was on his property
• friends of deceased claim he was on quest for help changing tire
• RCMP made initial claim that people were on property in order to commit theft
• RCMP claims there was no errors in their press releases
• farmer ted is charged with second degree murder

. The charge seems appropriate regardless of the circumstances of the 4 youths being on his property. The justice system will take it from here.

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

 

[gerryh]

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

No, not anywhere in Canada

 

[IdRatherBeSkiing]

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

I didn't see the question. But now that I have, I will be happy to answer (to the best of my ability). I am not a lawyer. If I was, I would probably know how to research that exactly but I do not believe defense of property is a legal grounds for deadly force anywhere in Canada. I think that is an American thing. However, I think that would not be a bad law to add. Given this guy was completely alone on the prairies, I can see why he would get frightened and come out shooting -- legal or not.

 

[Tecumsehsbones]

No, not anywhere in Canada

Thank you. It is in at least one U.S. state (Texas), though only at night. You may believe that has generated reams of opinion on what exactly constitutes "night."

I didn't see the question. But now that I have, I will be happy to answer (to the best of my ability). I am not a lawyer. If I was, I would probably know how to research that exactly but I do not believe defense of property is a legal grounds for deadly force anywhere in Canada. I think that is an American thing. However, I think that would not be a bad law to add. Given this guy was completely alone on the prairies, I can see why he would get frightened and come out shooting -- legal or not.

Read the above. Defense of property is not generally a defense for homicide (or lethal force) in the U.S.

My opinion: nor should it be. The situation you describe of fear of being alone on the open prairie would, if reasonable, be covered under self defense.

 

[Johnnny]

Perhaps more evidence will come out to further illustrate what happened....

 

[Locutus]

the story is way too dodgy at this point.

http://cjme.com/article/798687/man-says-brother-was-wrong-place-wrong-time-time-fatal-shooting

http://cjme.com/article/797628/victim-friends-needed-help-flat-tire-farmyard-shooting-witness

https://www.google.ca/maps/place/Re...56507d2aea932!8m2!3d52.4564482!4d-108.1992789

https://www.google.ca/maps/place/Ma...f642c15972a25!8m2!3d52.5630187!4d-107.7074451

 

[petros]

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

Yes. Whatever reasonable force necessary to protect your person or property. It's is vague.

At his hearing the charge will be reviewed by the Crown.

 

[taxslave]

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

In Canada it isn't even legal to use deadly force to protect yourself.

 

[petros]

See above.

 

[taxslave]

Thank you. It is in at least one U.S. state (Texas), though only at night. You may believe that has generated reams of opinion on what exactly constitutes "night."


Read the above. Defense of property is not generally a defense for homicide (or lethal force) in the U.S.

My opinion: nor should it be. The situation you describe of fear of being alone on the open prairie would, if reasonable, be covered under self defense.

Self defence is described as reasonable force to protect yourself. In just about all cases killing would be considered excessive force.
This can even be extended to animals. A farmer I know shot a cougar that was stalking his kids. He is the kind of guy who wouldn't say sh!t if he had a mouthful so like a fool he called the conservation officer and wound up getting charged for shooting the cougar. If the cougar had been bothering his cattle he would have been within his rights to shoot it but since it was only stalking his kids it is illegal. Go figure.

 

[petros]

Self defence is described as reasonable force to protect yourself. In just about all cases killing would be considered excessive force.
This can even be extended to animals. A farmer I know shot a cougar that was stalking his kids. He is the kind of guy who wouldn't say sh!t if he had a mouthful so like a fool he called the conservation officer and wound up getting charged for shooting the cougar. If the cougar had been bothering his cattle he would have been within his rights to shoot it but since it was only stalking his kids it is illegal. Go figure.

TEXT OF NEW SELF-DEFENCE AND DEFENCE OF PROPERTY PROVISIONS

SELF-DEFENCE

34 (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances
34 (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
34 (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

DEFENCE OF PROPERTY

35 (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.
35 (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

35 (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

Executive Summary - Bill C-26 (S.C. 2012 c. 9) Reforms to Self-Defence and Defence of Property: Technical Guide for Practitioners

Even a small town pizza lawyer would easily find that if they looked.

 

[spaminator]

'Racist and hate-filled' comments after shooting must stop: Wall
The Canadian Press
First posted: Sunday, August 14, 2016 07:55 PM EDT | Updated: Sunday, August 14, 2016 08:02 PM EDT
REGINA -- Saskatchewan Premier Brad Wall is condemning what he calls "racist and hate-filled" comments on social media and other online forums that stem from last week's fatal shooting of an aboriginal man on a farm.
Wall says in a Facebook post on Sunday afternoon that the comments betray the values and character of Saskatchewan.
Colten Boushie, 22, was shot last Tuesday after a car he was in went onto the rural property near Biggar.
A cousin of Boushie's says they were headed home to the Red Pheasant First Nation near North Battleford when they got a flat tire and needed help, but says a man on the farm smashed their window and fired shots as they tried to drive away.
Wall says that he has every confidence in the RCMP to investigate the circumstances of Boushie's death.
"None of us should be jumping to any conclusions about what happened. We should trust the RCMP to do their work," Wall says in the post.
"I call on Saskatchewan people to rise above intolerance, to be our best and to be the kind of neighbours and fellow citizens we are reputed to be."
Comments continued over the weekend on numerous online sites. Some were anti First Nation, while others supported vigilante justice against the suspect in the case.
First Nations leaders said last week that a police news release about the shooting was biased, and they called for an RCMP review of communication policies and writing guidelines.
An initial news release said people in the car had been taken into custody as part of a theft investigation.
Superintendent Rob Cameron in Regina responded that officers handled the investigation fairly and competently.
Wall said the hateful comments that have appeared online must stop.
"There are laws that protect citizens from what this kind of hate may foment. They will be enforced," he said.
The suspect, Gerald Stanley, 54, has been charged with second-degree murder in connection with the case.
Stanley is to make his next court appearance in North Battleford on Aug. 18 to face the allegations.
Saskatchewan Premier Brad Wall. (IAN KUCERAK/QMI AGENCY)

'Racist and hate-filled' comments after shooting must stop: Wall | Canada | News

 

[Tecumsehsbones]

Gerald Stanley is a hero.

 

[DaSleeper]

Usual Empty sarcasm!

 

[Locutus]

Yep. I'm franky shocked the farmer didn't wander down off his veranda, ice tea in-hand and invite the lads in for supper and a warm bed if needs be until their car was fixed as long as they didn't try to bone his daughter.