EXAMPLES OF SELF-DEFENCE IN CANADA 

This is an area where I would rather be judged by 12 than carried by 6. Unless one agrees to an altercation, or is the first aggressor, one should not be limited in their response. Expecting someone to act logically when they are being attacked and afraid is, in and of itself, unreasonable.

I got robbed at my job in the 90's by two know burglars. One had a knife and when I saw that I unloaded everything I had. I have a Judo background and was able to take the knife away; dislocated his elbow and then beat the second one severely enough that he was unconscious for an hour. One the police came, they took my statement, identified the two burglars which were known to them and I was driven home with a "good job" comment afterwards. I went to court to testify against them and they were in jail for about 2 years since they were on their third charge. So for anyone saying that you need to temper your response to an attack, don't!

Pov: you're getting beaten to a pulp with a pepper spray in your pocket and the guy gets released the same day (especially if he's a homeless addict)

So if an intruder breaks in my home and tries to kill me and my family and I defend my family and hurt the intruder seriously, I’m still the suspect and get charges too. Yup, welcome to Canada.

The laws we have in Canada are just completely insane when it comes to our safety and security in our homes. To expect an ordinary citizen to act within their home with the control and restraint of a trained officer when there is an intruder with unknown intent is sheer madness and stupidity. That home owners in Canada have been convicted of injuring or killing someone who broke into their home, and as an unavoidable result created fear and panic within the homeowner who then reacted with (probably uncontrolled) force is an absolute outrage. Only in the most clear-cut cases of an intruder being already restrained or incapacitated and then brutally assaulted or killed should the question of homeowner culpability ever come up. Further to this, there is something so terribly wrong with our legal system or the application of the law in so many areas it makes one wonder if there just might be some massive undertaking to undermine not just Canadian society but the whole of Western society as well.

Police pushed open my front door when I opened it to talk to them. I asked to talk outside they said no. I asked wouldn’t they need to show me a warrant they said no. They got a call about a male discharging a rifle in a trench coat on my front step. I don’t own either of those things. And I definitely wasn’t doing that. They tore my house apart and didn’t find either items. But took a legal Airsoft pistol out of my house and then left after threatening me with physical violence if I don’t admit it.

Thanks for your advice! I've been assaulted a few times, growing up in a unpleasant neighborhood. It's difficult to be rational in those situations. I've wondered if legislators or judges would've been able to understand how these situations play out "assuming" they probably grew up in sunnier circumstances. It's very difficult to be logical in such chaotic situations.

Thanks for the video!

Here's a scary but possible scenario... Let's say you're asleep with your wife beside you in bed, baby's in the next room... no one else in the house, windows and doors locked. You can't have a loaded gun in your nightstand... being Canada... but you can keep a sharp Tanto knife there. You wake to floorboards creaking as a shadowy figure enters your bedroom and starts to quietly approach you. The figure is an adult size male. You can't see if he's armed or not. Do you quickly pull the drawer open, grab the blade and lunge? Or do you turn on your lamp to get a better look at the intruder... and the knife, gun, hatchet or whatever else he is now attacking you with... Sometimes... it's just not so easy to follow procedure in the moment...

Great channel. Ty

What makes zero sense to me is the trust I'm expected to place into the attackets intent. It's perfectly rational to me to believe from the onset that the attacker intents no limits to their attack. Therefore, proportionate response is to ensure the attacker stays down by way of anything available to me. As you pointed out: A punch could kill me.

I learned to fight with 2 or 3 younger siblings in tow; it fit the bill laid out in s34(2) by virtue of its necessity of expedience - maybe I'm lucky in that regard but I have also done a lot of work healing my emotional wounds so thankfully my level of nascent rage is minimal. In the heat of the moment, though, it is difficult to remain proportional in force to the attack but it is necessary if one wants to remain aligned with the law. It's good to see quality video like this; legal education and early is necessary to successful navigation of Canadian society.

Thank you for the excellent information 👍🍁

Thank you!

They are opening the doors to escalate criminal activity while the non criminal citizen must stand there and get taken out. 🤔 really can't say enough about this idiocy.

I've taught Martial Arts for self-defense for 3 decades now. In addition to teaching techniques to use in those situations I have tried to responsibly communicate the law regarding responsible use of force. So much is grey area. I have talked to defense lawyers and crown prosecutors and I just feel that there is so much grey area here. How does the court, for example, take into account fear and the influence of adrenaline? Does the court take into account someone with fight training vs untrained. Lots of guys take martial arts and still can't fight vs someone who has led a life of crime and violence is just an everyday fact of life for them. I appreciate those may be tough questions to answer.

It would be great if you did a breakdown of a firearm is involved with one or both parties. Specifically when someone breaks into your home

You are so inspiring Mr Kruse. I wish I could do my legal articling with you. I love your videos, very informative and easy to understand.

And just how, sir, do you defend yourself, take me as an example, (160lbs) vs a 210 lbs aggressive guy using "proportional" force? Punch him back? How do I punch back Mike Tyson? Who are we kidding? The fight is already unequal. If he has you on the floor and is pounding your face, your life is in danger. Any tool should be legal to apply. You see, this is where I see the problem with how the law defines it. And how lawyers like to stick to it even though all of them including you sir know how this society is geared towards preventing any self defence. In Canada, if attacked, you better die, the police, the law makers, expect you to die. Do not dare defending your life especially using any tools, most of which are already illegal anyway. I believe you get my point. This is so disappointing and has pushed great many away from supporting the police, the lawmakers, the politicians, the whole cohort of "righteous" top feeders, whose salaries and benefits come from the budget we the bottom feeders pay into. Because if we don't guess what, a man with a gun (the police) will make sure the taxes are collected. Sense the disillusionment? There. Have a nice day.

Can you do a video on the case of Chelsea Arkarakas? Specifically, why they dangled the murder rap over her head for so many months if it was such a “clear case” of self-defense? Thanks.

What if you give the guy in the bar that grabbed you a few extra cracks so his 5 friends that were thinking about jumping in get the message? It's not always cut and dry if you've ever been around a real fight

How about angry guy yelling at you .. saying he's going to kill you ... He's in your personal space .. can you use preemptive strike? Or do you have to wait for a physical assault?

One thing that needs to be improved is clarity. Proportional force needs to be defined clearly. I don't get the first example how pulling a knife is not proportional. He punched you, is much bigger, and has you grabbed. You need a weapon for it to be proportional. He can easily keep punching until you die or are seriously injured beyond original health. A knife is proportional because its life or death. Fists are a weapon. Can't just hope that he doesn't go to far if you can't defend yourself with fists if you are weaker and don't know how to fight. Why do we care so much about the life of an aggressor anyway? They started the conflict.

This is just not how violent situations go down. There's no time to think and be rational like that when you're being attacked by a dangerous human. You have no way of knowing how far that other person is going to go. Most very violent people could kill someone with their bare hands easily enough. These laws are completely asinine.

So someone's pull a knife on me & I use my water bottle to inflict damage on head when I feel my life in danger would that be wrong

If you think you will have TIME to measure an attack to the point where you can respond with force "equal to but not greater than " the attacker...YOU ARE DREAMING. Most altercations begin and end within seconds.Being attacked outside your home is one thing. However inside your home is much more serious. An intrusion into your home should be considered a life and death situation and you should have the RIGHT to defend your self, family and property with whatever means you have PREPARED for such an intrusion. I don't care if you have the Louisville slugger , the 9 iron, rifle, handgun, shotgun, whatever.If you are a man with a family it is your duty to be there to protect them.

What if you're in a fist fight in Canada and the opponent is bigger, stronger, and more skilled. You are being badly beaten. Obviously, you will need to up the level of force to defend yourself , or are you supposed to run away or stay and get badly beaten in order to avoid being charged ?

Does age matter in self defense? Like I know in some states/countries, people can hit back attacker of any age including little kids and claim self defense, what is it like in ontario?

Can Canadians have a stun Flashlight? or dog spray?

So if a behemoth of a man attacks a small woman but he is unarmed, under canadian law she would legally not be allowed to use a weapon to defend herself? Or would that be considered justified?

What are the chances of winning a charge if you were intoxicated and were getting choked inside your home and used a weapon on the person to get out of my house, but have no memory how it started and all, but there was a witness to the attack

I’m glad William H. Macy has found a second career.

Reasonable force or not, if someone tries to break into my home, it’s not going to matter. No one will ever find their body.

Size, and gender should not be factors in self defence !

Was broken up.

I should be allowed to pull out a gun. What if the other guy is bigger, has a weapon or even multiple assailants. Just because it has not happened to you does not guarantee your safety. People who outsource their safety should not criminalize neighbours who ensure theirs.

I don't listen to a KING TYRANT. I'll do what I got to do period

If a homeless man throws rocks at my car and I hit him with it is that self defense

I’m 77 with respiratory problems. If I have something that will immobilize the threat I will be using it because I would have one chance only. I’m not waiting for the first punch.

What if your 5'6" 160 and he's 6' 220, you're hopelessly outmatched...what then???

Can you please comment on this: Bill C-26 (S.C. 2012 c. 9) Reforms to Self-Defence and Defence of Property: Technical Guide for Practitioners DEFENCE OF PROPERTY - DETAILED EXAMINATION OF NEW SECTION 35 OF THE CRIMINAL CODE

that "you cant defend your self yet" is so fucked up if you ask me. canada law down plays how strong a punch is no weapon does not mean they cant kill you. imo force should be allowed the moment somebody attemptsor shows intent to do bodily harm especially if it was an unprovoked aggression especially if some waste of space breaks in to your house... are you just gonna wait firsst if the guy has a gun or a knife before you defend your family? its so stupid

This is really laughable, I am glad that he was laughing or chuckling while describing the events. 🤔

I’m not a fighter I do not know how to fight the only things that I know is that it really hurts to get poked in the eyes. so if someone fight me and I jam my thumbs into the back of their eye sockets, so that they can no longer see me to engage Me in a fistfight, or in any sort of fight is that considered proportional? I will not win in any sort of physical confrontation with another person, but I know that you cannot fight with you cannot see

But what if he's way bigger than you and very aggressive and you hit him with a chair to even things up? That sounds reasonable to me.

Oya,better have witnesses, or your in a bucket of poop,,cause the criminals usually does have witnesses to cover their butt

It's stupid and needs to be changed! Sounds like we all need to be Jean-Claude Van Damme or Jackie Chan!

So war is good cause defending country ,but defending family is not , bullshyt

This is technically what _may_ happen in Canada. But I've beaten the absolute crap out of someone, cops never even looked twice when they saw he attacked me first, and threatened my girlfriend. I tuned him up _reealllly baaaad_ and broke his cheekbone, and not a word from the cops after the initial on site statements. I was uncuffed and let go, and that was that. Buddy went to the hospital, I went home. I've had a couple other self defense related incidents as well, and for the most part, I didn't ever get in much trouble for them. Cops have used the "mutual combat" argument to let both people go....one guy assaulted me right at my car door, and I even picked up a screwdriver from between the seats and tried shanking the guy....I literally wanted to kill him because he had been harassing me and my girlfriend for a while. Nothing. I told them what happened, what led to it. They knew of the other incidents and the guy was a low life scumbag. They let me go. I even caught him several weeks later on his own, at a party. Long story short, trapped him down a dead end road, and I dragged him out of his car, literally asphalt stomped the guy about 15 times with his coconut making coconut sounds as it impacted the ground. When the cops called me, I told them what happened. Literally nothing came of it. Everyone in town knew who messed him up....the cops.....the public....and I mean I _beeeeeat_ that kid nearly to death. Nothing. I also have a charge that was teduced to mischief after a kid tailgated me like a douche bag and I tapped the brakes a couple times. Finally got fed up, and pulled over and let him go by. Then the punk gave me the finger at the next stop light. That was it.....I pulled up beside him on the next street, told him to roll down his window and said "nice fcukin' driving cunt" "Fuck you f*gg*t" he replied. I got out my car, went around to his window and straight kicked thru his side window and actually kicked him in the face. All in all, I got 6 months probation, and a suspended 1 year sentence, even with my sorted history. They guy never showed up to court, so they took my original statements as fact, and never made me pay for any damages to his vehicle. My buddy also killed a guy in a fight. The "victim" had picked a fight or started trouble in some fashion with 5 different dudes before he started anything with my friend. My friend didnt know any of this at the time, and when the "victim" attacked his girlfriend, he punched him once, and as soon as he hit the ground, my buddy gave him a kick to the head. Killed the guy right there. He was detained, then arrested and taken in. He was let go the next morning and not a single charge was put on him or any of the other people involved with beating the "victim" up that night. They do consider exigent circumstances up here, and it seems like the cops often get creative in their reports to help out the obvious victim in the incident. I was even witnessed by cops beating the shit out of a guy at another bar for the same thing, picking shit with guys and their women. No idea the cops were even there. Nothing. I got my right shoulder popped out of joint when they grabbed me, but that was that. I was questioned and let go right there. Again, witness statements helped me out. Nothing ever came of it. I even have more stories, but my point is basically if Canada was as bad as they make it out to be for criminal charges as some make it out to be, I wouldn't be walking around right now, I'd be doing push ups and avoiding gang r*pe 😂

Repentigny , pool bar (closed now , le scratch) , guy gets threatened, then pushed, by a bigger guy, headbutts the guy, agressor drops dead... he's in prison now. Your advices seems shaky at best , not entirely your fault, the law is fucked here. But still...

What people don’t understand is *this is not the USA*

Canadian Self defence laws are utter nonsense. The Law assumes everyone can defend themselves against an attacker who knows how to fight when in fact most Canadians are not trained and incapable of matching fighting skills with a trained attacker. That's why certain types of sprays should be legal (at minimum) such as dog or bear repellants, especially for shop owners. Also, people naturally assume it's the bigger guy that is the aggressor when in most cases it's the opposite. The little THUGS always have something to prove and they don't care if they get charged. Bigger guys know they are going to look bad if they start something, so they rarely do.

Uh-ohhh… you implied that “common sense” should apply WRT self-defence? You are a lawyer. Generally speaking, if society practised common sense even 20% of its waking hours, 80% of lawyers would be unemployed!

Why not talk about self defence in your own home when it's a home invasion? Also, even in self defence situations you will get charged and it will cost you 5K minimum for a lawyer. The legal system in Canada works against innocent people like a tax system. You might get off after spending a fortune in legal fees, but the ride is going to hurt and cause you and possibly your family a lot of financial hardship.....and the judges don't give a rats ass either.

You broke into my home. Id rather ask for forgiveness than permission.

Better be judged by 12 than carried out by 6

All these people asking whats legal... smh... just do what you gotta do, and keep your mouth shut.

not real advise, waist of time

That is absurd. You outline the possibility of dying from a punch and a woman cannot answer in any way proportionally so this punch count is nonsense. When the assailant is no longer a threat and you continue then you are the aggressor and not before.