Everybody in Tombstone carried a gun. Down to the OK Corral.
(Ironically, that's not true. Tombstone, like many towns, had an ordinance forbidding going armed within town limits.)
Self Defence in Canada?
- Thread starter Ron in Regina
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(Ironically, that's not true. Tombstone, like many towns, had an ordinance forbidding going armed within town limits.)
At this point, we really don’t know.
My first thought was it’s another example of anti-vigilanteism but that’s just a gut feeling reaction on my part based on pattern recognition, so it doesn’t mean it has any basis in reality in this situation.
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The Police have some motivation from judgement call to policy to politics for charging Mr McDonald, & we just don’t know what that is at this point in time.
The test in s. 34 requires three elements:
Self-Defence and Defence of Another - Criminal Law Notebook
- Reasonable Belief (s. 34(1)(a)): "the accused must reasonably believe that force or threat of force is being used against him or someone else";
- Defensive Purpose (s. 34(1)(b)): "the subjective purpose for responding to the threat must be to protect oneself or others; and"
- Reasonable Response (s. 34(1)(c)): "the act committed must be objectively reasonable in the circumstances".
Yeah. "Seemed like a good idea at the time, judge" probably won't get you there.
There have been similar incidents in the past without charges including killing the intruder (Calgary I think). These charges will be dropped.At this point, we really don’t know.
My first thought was it’s another example of anti-vigilanteism but that’s just a gut feeling reaction on my part based on pattern recognition, so it doesn’t mean it has any basis in reality in this situation.
(YouTube & Man charged after allegedly assaulting home intruder)- YouTube
Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
The Police have some motivation from judgement call to policy to politics for charging Mr McDonald, & we just don’t know what that is at this point in time.
The test in s. 34 requires three elements:
Self-Defence and Defence of Another - Criminal Law Notebook
criminalnotebook.ca
- Reasonable Belief (s. 34(1)(a)): "the accused must reasonably believe that force or threat of force is being used against him or someone else";
- Defensive Purpose (s. 34(1)(b)): "the subjective purpose for responding to the threat must be to protect oneself or others; and"
- Reasonable Response (s. 34(1)(c)): "the act committed must be objectively reasonable in the circumstances".
Yup. Alberta
No charges against Alberta man who fatally shot home intruder: RCMP
No charges will be laid against an Alberta man who shot and killed an intruder after being beaten with a baseball bat, RCMP announced Friday.
Yup. Alberta
No charges against Alberta man who fatally shot home intruder: RCMP
No charges will be laid against an Alberta man who shot and killed an intruder after being beaten with a baseball bat, RCMP announced Friday.www.ctvnews.ca
Man who killed intruder likely in clear, expert says
The Crown has little chance of successfully prosecuting an Alberta man who killed an intruder in his home east of Calgary this month - if, in fact, charges are even laid, a University of Calgary law professor said yesterday.
www.theglobeandmail.com
Probably hanging around down at the Criminals' Club having an impromptu party.the criminals must be laughing that the cops are going after the victims.
Ivanhoe and others the party started 11am everything is for sale cheap . Those were the days . If downtown Vancouver was to far the Turf or the Dell were closer to the suburbs . Yes party on .
The American and Cobalt , just down the road from Ivanhoe . Those were the days .
Basically, if it’s a weapon, it can’t be used as a weapon, but improvised items, as long as you can justify carrying them not as a weapon…might be able (maybe) to be used as a self-defence weapon, or not.
