Defend Your Self-Defence in Ontario

Avi Baratz
(416) 937-3777 avi@baratzlaw.com

Self-defence is one of the most common defences raised in criminal cases, especially when someone is charged with violent offenses like assault, battery, or even homicide. As a criminal lawyer, I often encounter clients who believe they acted out of necessity to protect themselves, their loved ones, or their property. However, understanding the legal boundaries of self-defence is crucial because the courts do not accept every instance of violence as justified under the law.

What is Self-Defence?

At its core, self-defence is the right to use reasonable force to protect oneself from harm. In Canada, the law regarding self-defence is outlined under the Criminal Code of Canada. Specifically, sections 34 and 35 govern when and how an individual may use force to defend themselves, another person, or their property. However, the application of these laws is far more nuanced.

For self-defence to be valid, three essential conditions must be met:

1. The threat of force must be unlawful: The individual claiming self-defence must have been responding to an unlawful attack. If you initiated the aggression or provoked the violence, you may not be able to claim self-defence unless you attempted to withdraw from the conflict before using force.

2. There must be a reasonable fear of imminent harm: The person defending themselves must reasonably believe they are in immediate danger. This belief is judged both subjectively (from the perspective of the accused) and objectively (whether a reasonable person in the same situation would feel threatened).

3. The use of force must be proportionate: The force used in self-defence must not exceed what is necessary to stop the threat. If an attacker threatens you with a slap, and you respond by using a weapon, it may be difficult to prove that your actions were reasonable and proportionate under the circumstances.

Self-Defence and Deadly Force

One of the most contentious areas of self-defence law is the use of deadly force. While it is legal to defend yourself using force, the use of lethal force is only justified if there is an imminent and reasonable fear of death or serious bodily harm. Courts carefully scrutinize such cases to determine whether the danger was truly life-threatening and whether the response was necessary.

The case law in Canada has established that factors such as the size, age, and gender of the attacker and the victim, the presence of weapons, and the nature of the threat all play a role in determining whether deadly force was justified.

Legal Pitfalls

While the principle of self-defence is straightforward, its application in court is complex. Many defendants believe that their fear or anger in the heat of the moment justifies their actions, but the law demands more than just subjective belief. The accused must convince the court that their response was both reasonable and proportionate. Missteps, such as continuing to use force after the threat has ended or misjudging the severity of the threat, can turn a claim of self-defence into a conviction for a violent crime.

Protect Your Rights with Avi Baratz

If you or someone you know is facing criminal charges and believes they acted in self-defence, it’s crucial to have an experienced criminal lawyer by your side. Avi Baratz has a wealth of experience navigating the complexities of self-defence law and will fight tirelessly to ensure your side of the story is heard. Don’t leave your future to chance—contact Avi Baratz today for a consultation and get the legal protection you deserve.