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The Mackenzie Institute, Toronto, Ontario
Unlike the United States, the Canadian federal government is responsible for criminal law and the provinces are generally responsible for enforcement - although most provinces rely upon the RCMP to act as the provincial and local police force. This introduces a further element of national uniformity. Despite disavowals by police officials, the Canadian Criminal Code does include the right of citizens to use deadly force to protect themselves (sections 34, 35, and 37).
In Canada, the key provision in the criminal code is that no one may use "more force than is necessary" and then only when "he believes on reasonable grounds that he can not otherwise preserve himself from death or grievous bodily harm." In section 35, the code goes on to require that one must show that, "he declined further conflict and quitted or retreated from it (the assault) as far as it was feasible to do so before the necessity of preserving himself ... arose." Moreover, the right to use physical force to defend non�family members is more limited than it is in many states, as are a Canadians' rights to repulse trespassers on one's own property, or to use force to stop the commission of serious or violent crimes (Sections 24, 40, and 41).
Self defense is severely circumscribed by more conditions than are typically found in the United States. A wide range of self defensive weapons (e.g., Mace, pepper spray, small handguns, tasers and stun guns) are prohibited, ownership is punishable by up to 10 years imprisonment. For all practical purposes, it has been impossible to own a handgun for self protection since 1977. Recent firearms legislation now requires firearms to not only be unloaded when stored in one's residence but must also be put under lock and key. Judging from news reports, many of those who use a firearm to defend themselves, are charged with one or more criminal violations �� unsafe storage, careless use of firearm, or possession of a prohibited weapon �� and then they have to prove in court that the firearm had been used in self defense.
Another important difference between the United States and Canada is enforcement. Anyone who uses a weapon in self defense is likely to be charged in Canada and have to defend themselves in court, even if the attacker is not injured seriously. The charges may be "possession of a prohibited weapon," or "careless use/storage of a firearm," rather than "assault" or "attempted murder." The Crown apparently is determined to discourage people from forcefully defending themselves.