In Canada, if you murder someone, you will likely remain at loose in the nation, but if you defend yourself by firing a weapon, you will probably go to jail. Under Canada’s judicial system, your self-defense rights may put you in more danger than being an actual intruder.
A man has been charged with second-degree murder after shooting someone in Milton early on the 25th of February morning who police claim was attempting to rob.
According to Halton police, on February 19 at around 5 a.m., a gang of suspects approached a home on Gibson Crescent with the intention of robbing the owner. They were confronted by a resident as soon as they arrived at the house, and shots were fired many times.
Jag Virk, Mian’s defence attorney, confirmed through email that Mian shares the residence in question with his mother. Virk stated, “The invader had a gun and was attacking his mother”.
Two other people were detained while one man was pronounced deceased. The homicide victim’s identity is still unknown.
Mian acted solely in “self defense”, defending his home, his mother, and himself from the attackers’ malicious intentions. Mian was undoubtedly able to protect himself from the attackers, but could he save himself from the Canadian legal system?
The 22-year-old male is charged with second-degree murder, while one of the intruders, Romario Clarke, is charged with break-and-enter and unauthorized possession of a firearm.
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The charges against an intruder who attacked an old woman while carrying a pistol with the purpose to rob the house are less harsh than those against a son who defended his mother by firing the gun once but had no real intention of killing the invader (according to Mian’s attorney).
This raises concerns about what Canadians are permitted to do legally if they encounter an invader.
Alexander Karapancev, a criminal defence attorney in Toronto, claims that there is a good chance that the police would charge someone in a situation similar to Mians’s if they shot someone or murdered someone who was entering their home in Canada. The person would then be required to defend themselves in court. Although the police can take into account the possibility of self-defence, they usually prosecute the person and then leave the decision to the courts and the Crown.
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Canadians are permitted to defend their property using “reasonable actions” under section 35 of the Criminal Code, whether it is being damaged, stolen, or unlawfully entered.
In this scenario, the encroaching property would probably be viewed by the court as using unreasonable force, according to Karapancev. The use of reasonable force is frequently a deciding factor in determining whether or not an action qualifies as self-defense.
Such laws have the power to wreck innocent people’s lives and defame them. The Canadian government needs to make the required amendments to the self-defense laws at the earliest opportunity before another innocent’s life is ruined.
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