You hear a noise and go downstairs in the middle of the night and find a burglar, and you cant tell if hes armed. Legally, what are your options? Your dwelling house seems to be the property you’re allowed to protect the most, Under Section 40 of the Criminal Code, which deals with the defence of dwellings, everyone who is in possession of a dwelling house is justified in using as much force as necessary, to prevent any person from forcibly breaking into or entering the dwelling house without lawful authority.when it comes to defending themselves, Canadians have the most rights inside their own homes. The rule of reasonable force still applies, but most judges will give you the benefit of the doubt,… You can use any force you deem necessary to remove the burglar from the house and eliminate the threat to yourself. You could use a significant amount of force. If you knocked them out and rendered them unconscious, you will probably not be charged with assault,But if he was retreating and you hit him in the head with a bat and he was [critically injured], you might have a problem.
Posted on: Thu, 28 Nov 2013 03:39:21 +0000
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