In Ontario, “self-defence” is not a get-out-of-jail-free card. It is a complex legal justification that must be meticulously proven.
Many people find themselves charged with assault or even homicide after a fight they didn’t start, simply because the police decided their reaction was “too much.” The system often defaults to charging everyone involved and letting the lawyers figure it out later.
Kazandji Law‘s Ontario self-defence claims lawyers specialize in the “Reasonableness” test. We don’t just tell the court you were scared; we provide the evidence to show that your reaction was legally justified under Section 34 of the Criminal Code. We bridge the gap between your split-second decision and the cold, clinical analysis of a courtroom.
The Three Pillars of Section 34
The 2013 amendments to the Criminal Code simplified self-defence into a three-part test. To be acquitted, you must show:
- Reasonable Belief: You believed, on reasonable grounds, that force was being used or threatened against you or another person.
- Defensive Purpose: Your act was committed for the purpose of defending or protecting yourself or another person from that use or threat of force.
Reasonable Act: The act committed was reasonable in the circumstances.
This third pillar — Reasonableness — is where most cases are won or lost. The court looks at factors like the nature of the threat, the size and strength of the parties, and whether there were other ways to escape the situation.
Our Ontario self-defence claims attorneys utilize accident reconstructionists and use-of-force experts to prove that your actions were a proportional response to the danger you faced.
Challenging the “Excessive Force” Narrative
Police and Crown prosecutors often fall into the trap of “Monday morning quarterbacking.” They look at a video or a set of injuries and decide that you should have used less force. Our criminal lawyer will fight this by emphasizing that a person under attack cannot be expected to “weigh to a nicety” the exact amount of force required.
Our Ontario self-defence claims lawyers look at the “Pre-History” of the altercation. If the other party has a history of violence or if there was a “disparity of force” (e.g., they had a weapon or were much larger), we ensure the court understands that your “elevated” response was the only way to ensure your safety.
FAQs: Self-Defence Claims in Ontario
Is there a “Stand Your Ground” law in Ontario?
No. While you do not have a strict legal “duty to retreat” in your own home, the court will consider whether you had an easy way to avoid the fight when deciding if your actions were “reasonable.”
Can I use a weapon for self-defence?
You can use an object to defend yourself, but the law frowns upon “carrying” a weapon while acting in self-defence. If you happen to pick up a tool or a kitchen knife during a struggle, that is different from walking around with a concealed blade “just in case.”
What if I started the argument?
Under Section 34(2)(c), the court considers your “role in the incident.” If you provoked the fight, your claim of self-defence is much weaker, but it is not automatically disqualified.
Does self-defence apply to protecting my property?
Yes, under Section 35, but the rules are stricter. You can never use force that is intended or likely to cause death or grievous bodily harm just to protect a car or a TV.
What if I had been intoxicated?
Intoxication can complicate a self-defence claim. It might affect the “reasonableness” of your belief that you were under attack. We work to show that even in your state, the threat was real and objective.
Can I defend my friend or a stranger?
Yes. Section 34 allows for the defence of another person. The same reasonableness rules apply.
What is Disparity of Force?
This refers to the physical difference between you and the attacker. If you are a 120lb woman being attacked by a 220lb man, a higher level of force (including the use of an object) is often viewed as “reasonable.”
Will the police drop the charges once I explain it was self-defence?
Rarely. Once a “victim” has an injury, the police usually lay the charge and let the court decide. This is why you need Ontario self-defence claims lawyers to present your case to the Crown during resolution meetings.
Can I use a Self-Defence claim for a domestic dispute?
Yes. In domestic cases, the “history of the relationship” is a mandatory factor the judge must consider under Section 34(2)(f).
Why Kazandji Law? We are criminal defence lawyers. We know how to cross-examine an “attacker” who is pretending to be a “victim” and expose the truth of how the fight actually started.
You Deserve the Right Lawyer for Your Defence
You shouldn’t be treated like a criminal for refusing to be a victim. We provide the assertive advocacy needed to ensure your side of the story is the one the court hears. Contact our Ontario self-defence claims lawyers today for a free evaluation of your self-defence claim.