The problem with Canada’s self defence law, isn’t that one can’t defend themselves, it is the numerous legal hoops that one must often jump through to prove one’s innocence.
And that is indeed the problem, in a nutshell. That instance noted above, where the homeowner was not charged, is so rare as to be virtually unique. Typically, the homeowner's life is, in practical terms, essentially over the moment the invasion takes place; if he is not killed or seriously injured during the invasion event, he will have his life destroyed, at least in a financial sense, by the costs of defending himself in court after the fact. Yes, in most cases the case is won...eventually... by the defendant, i.e. the homeowner, but at that point the stress of a lengthy trial has been heaped onto the extreme emotional and psychological stresses that accompany the taking of a life (or even causing injury to the invader) and this is of course compounded by a 6-figure bill for legal costs.
The newly proposed legislation mentioned earlier is designed to provide legal protection for the homeowner from this horror show. Will it achieve this goal? Who knows?
But the simple fact is that there is, or can be, a huge difference in a pragmatic sense between
what the law says and
how it is interpreted and manipulated by prosecutors. In Canada, the default reaction seems to be to automatically charge the homeowner and prosecute him/her to the fullest extent possible; sure, he will likely prevail in court in the end, but until then...wow.
It's disturbing to observe how these violent interactions are viewed and treated by the legal system; the use of "appropriate" force is obviously an important and valid concern, but it shouldn't be carried to the point where the home invasion is interpreted and analyzed almost like some surreal sporting event.
If my home is broken into by another 70-ish-year-old man, I feel fairly comfortable in my ability to give a good accounting of myself even if unarmed. If the uninvited visitors are a couple of guys in their 20's...all bets are off. I would do whatever was necessary to insure the safety of myself and my wife without much immediate thought for the rules of engagement. If the visitors have demonstrated that they are a threat, how can one respond otherwise? At that point, my concern would be winning, rather than playing fair. And, sadly, I would also be aware that however the encounter ended...my life as I know it would be over before the encounter even began.
When seconds count...the police are minutes away. In fact, in rural locations, they are
many minutes away. Who ya gonna call?
