A criminal lawyer says self-defence provisions in Canadian law are robust, despite second-degree murder charges levied last month on an Ontario man who shot a home intruder trying to commit robbery, .Ali Mian, 22, of Milton, was charged with second degree murder for shooting one of five intruders intent on robbery who entered his home and that of his mother. The incident happened at 5 am, February 19..Alexander Amoroso-Leacock (21) of Toronto died.Romario Clarke (20) of Oshawa was charged by for break and enter and one count of Unauthorized Possession of a Firearm. Three suspects remain at large..Section 25 of the Criminal Code says private individuals and peace officers who administer or enforce the law are “justified…in using as much force as is necessary for that purpose.” .BC criminal lawyer Karen Bastow has defended those facing charges in situations of self-defence. In an interview with the Western Standard, she said she believes self-defence deserves a wide legal latitude..“Generally, to succeed with self-defence arguments, you must show that you used no more force than was necessary to defend yourself or another person from imminent attack. However, in recent years that analysis has been contextualized to include a significant subjective component and therefore how the accused 'feels' about the threat, given who he is and his personal subjective nature, influences the analysis. This is especially applicable in jury trials, as juries are sympathetic to self-defence,” Bastow said..“I’m in favour of a wide and liberal reading of the law of self defence…You can't expect someone facing a threat of violence, to respond with the niceties of restraint. They don't know how serious the violence is going to be. And they sometimes have to respond decisively in order to defend themselves,” Bastow said..In 2013, the Harper Conservative government passed Bill C-26 the Citizen's Arrest and Self-defence Act to clarify legal principles of self-defence..The bill amended Section 34 of the Criminal Code to read, “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.”.The bill was positive but controversial legislation in Bastow’s view..“The legislative changes in 2013 were met with a lot of opposition. The left liberal wing were very opposed, but the reality is that that new codification of our law of self defence was a good change. It simplified the law, which was very complex,” she explained..Murder trials hinging on a self-defence argument are almost always heard by juries, not judges, Bastow said, a fact that has contributed to a body of sensible case law..The law of self defence is being shaped by a jury of your peers, more than probably any other area of the law. And for that reason, the law has developed in the last 20 years in a common-sense kind of way,” Bastow said..“Judges are going to have a different view of self defence than most of my clients who come from a tougher background and have a better sense of what's going on.”.A Halifax resident who fatally stabbed a home intruder in December was not charged by police. Bastow, who has practiced criminal defence since 1998, said the attention given firearms versus knives may be one reason police pressed charges in Ontario..“I do agree that where there is a dead body and self-defence arises on the facts, the police and prosecutors prefer to leave it to the courts to sort it out,” Bastow said.
A criminal lawyer says self-defence provisions in Canadian law are robust, despite second-degree murder charges levied last month on an Ontario man who shot a home intruder trying to commit robbery, .Ali Mian, 22, of Milton, was charged with second degree murder for shooting one of five intruders intent on robbery who entered his home and that of his mother. The incident happened at 5 am, February 19..Alexander Amoroso-Leacock (21) of Toronto died.Romario Clarke (20) of Oshawa was charged by for break and enter and one count of Unauthorized Possession of a Firearm. Three suspects remain at large..Section 25 of the Criminal Code says private individuals and peace officers who administer or enforce the law are “justified…in using as much force as is necessary for that purpose.” .BC criminal lawyer Karen Bastow has defended those facing charges in situations of self-defence. In an interview with the Western Standard, she said she believes self-defence deserves a wide legal latitude..“Generally, to succeed with self-defence arguments, you must show that you used no more force than was necessary to defend yourself or another person from imminent attack. However, in recent years that analysis has been contextualized to include a significant subjective component and therefore how the accused 'feels' about the threat, given who he is and his personal subjective nature, influences the analysis. This is especially applicable in jury trials, as juries are sympathetic to self-defence,” Bastow said..“I’m in favour of a wide and liberal reading of the law of self defence…You can't expect someone facing a threat of violence, to respond with the niceties of restraint. They don't know how serious the violence is going to be. And they sometimes have to respond decisively in order to defend themselves,” Bastow said..In 2013, the Harper Conservative government passed Bill C-26 the Citizen's Arrest and Self-defence Act to clarify legal principles of self-defence..The bill amended Section 34 of the Criminal Code to read, “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.”.The bill was positive but controversial legislation in Bastow’s view..“The legislative changes in 2013 were met with a lot of opposition. The left liberal wing were very opposed, but the reality is that that new codification of our law of self defence was a good change. It simplified the law, which was very complex,” she explained..Murder trials hinging on a self-defence argument are almost always heard by juries, not judges, Bastow said, a fact that has contributed to a body of sensible case law..The law of self defence is being shaped by a jury of your peers, more than probably any other area of the law. And for that reason, the law has developed in the last 20 years in a common-sense kind of way,” Bastow said..“Judges are going to have a different view of self defence than most of my clients who come from a tougher background and have a better sense of what's going on.”.A Halifax resident who fatally stabbed a home intruder in December was not charged by police. Bastow, who has practiced criminal defence since 1998, said the attention given firearms versus knives may be one reason police pressed charges in Ontario..“I do agree that where there is a dead body and self-defence arises on the facts, the police and prosecutors prefer to leave it to the courts to sort it out,” Bastow said.
