Self defense in Canada
Sounds like it's going the way of England. Article here. Man arrested for shooting at masked group that hit his house with six firebombs, another charged after he strikes a burglar (which is smashing his car into the homeowner's car) with the flat of an axe, another jailed for driving off burglars with an unloaded gun.
Looks like there's still enough public outcry and enough good judges that no one was treated like that poor English farmer who defended his own life and went to prison...that was madness.
Posted by: kalashnikat at September 19, 2011 11:44 AM
Sounds like English common law once again. British people also are arrested in self-defense
Posted by: Marcus Poulin at September 20, 2011 12:45 PM
Marcus, I don't think it's reflective of English common law, which I believe has a long and well established right or justification of the use of force in defense of self (and probably family), typically subject to limitations based on necessity and proportionality.
No, the English process of prosecuting and imprisoning victims of crime who dare to resist their attackers (and at least in some cases piling on additional insult and injury to victims by providing legal assistance to the criminals in suing their victims for civil damages) is absolutely NOT in the common law tradition. It is simply the visible result of the modern state arrogating to itself an absolute monopoly on the use of any and all force.
Posted by: wrangler5 at September 20, 2011 06:40 PM