QUICK TAKEAWAY
Self-Defence With a Firearm in Canada is governed by Section 34 of the Criminal Code, which permits using force for self-defence under reasonable grounds. While the Code allows for proportional force in self-defence, it doesn't explicitly state that firearms can be used for this purpose. The criteria for determining reasonableness include the nature of the threat, imminence of force, involvement of weapons and the history between the involved parties. Using a firearm for self-defence may be deemed legal if one's life is at risk, though case law shows that is difficult to prove. It is unclear how many people have used a weapon for self-defence since many do not want to come forward.
Table of Contents:
Using a Firearm for Defence in Canada
The Criminal Code allows you to use proportional force to defend yourself, though it does not state that you can use a firearmBarrelled weapon from which a projectile can be discharged to protect or defend yourself.
Section 34 (1) of the Code states that a person is not guilty of an offence if they believe "on reasonable grounds" that force is being used against them or another person. To determine what is reasonable, the Code states that factors to be considered include the nature of the threat, the extent to which the use of force was imminent if weapons were involved, and the history between the two parties.
A subsection adds that this does not apply if the self-defence was applied to a police officer or someone involved in the "administration or enforcement of the law," unless that person acted unlawfully.
Part One of the Firearms Act allows you to possess restricted or prohibited firearmsVarious weapons including automatic weapons for protection from other individuals when police protection "is not sufficient in the circumstances." The other reasons are if your life or the life of others is in imminent danger or if the restricted firearmInclude most handguns or prohibited handgun can "reasonably be justified" to protect you or others from harm.
Those engaged in certain professions are allowed to possess restricted or prohibited firearms, the Act states, which could be used for self-defence. Those professions include people involved in the handling, transportation or protection of cash or other goods of substantial value and those who work in remote wilderness areas, such as licensed trappers. You must obtain an Authorization to CarryA permit that allows a person to lawfully possess a restricted or prohibited firearm that is loaded or with readily accessible ammunition from the Canadian Firearms Program to carry a handgun or restricted long gun for a lawful occupational purpose.
Do Firearms Aid in Self-Defence in Canada?
According to a Department of Justice (DOJ) document (Firearms, Accidental Deaths, Suicides and Violent Crime: An Updated Review of the Literature with Special Reference to the Canadian Situation), it is difficult to measure how often firearms are used for self-defence or protection. It notes that people who avert a crime by using a weapon may not report it, fearing authorities will come after them. The ambiguity about what can be considered a defensive action must also be considered.
The DOJ document states that while people who own a firearm are less likely to be a victim of a crime, the risk of suicide or accidental death might outweigh those benefits, particularly for women at risk of domestic abuse.
What is Needed to Convict
What the Crown has to Prove to Show You Were Not Acting in Self-Defence
In every criminal case, the Crown must prove that you are the person who committed the offence, the date the incident took place and the elements of the crime, including that you were in possession and control of the weapon at the time. They also must prove that you did not act in self-defenceUsing a reasonable amount of force to protect yourself, which is allowed by s.34 of the Charter, though case law shows this is a tough defence to make in Canada.
The court can only convict if the Crown proves beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you did not act in self-defence or that your firearm use went beyond what was reasonable in the situation.
Defending Yourself Against Criminal Charges
Self-defence with a firearm is legal as long as you can prove that your life was in danger, though case law shows that can be difficult to prove. According to an archived government document (Citizen's Power of Arrest and Self-Defence and Defence of Property), the courts have clarified that deadly force is not considered reasonable in defence of property alone. It adds that you are not entitled to use excessive force when making a citizen's arrest.
Your legal counsel may also be able to remind the court that s.7 of the Canadian Charter of Rights and Freedoms guarantees "life, liberty, and security of the person."
BellevilleLawyersNear Me
Jeffrey Van De Kleut, Barrister & Solicitor
Reynolds O'Brien LLP
Easton Law
PDT Law
Kafka, Kort Barristers
Glossary of Legal Terms
Authorization to Carry
A permit issued by the federal government under the Firearms Act that allows a person to lawfully possess a restricted or prohibited firearm that is loaded or with readily accessible ammunition.
Firearm
Barrelled weapon from which a projectile can be discharged and that is capable of causing bodily injury or death to a person.
Prohibited firearms
Prohibited weapons in Canada include: handguns with barrels equal to or less than 105 mm in length; handguns designed or adapted to discharge a 25 or 32 calibre cartridge; firearms adapted from a rifle or shotgun that are less than 660 mm in length or that have a barrel less than 457 mm in length; automatic firearms, whether or not altered to discharge only one projectile with one pressure of the trigger; and firearms prescribed to be prohibited firearms.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Restricted firearm
According to the Code, a restricted weapon is: a handgun that is not a prohibited firearm; a firearm that is not a prohibited firearm, has a barrel less than 470 mm in length, and is capable of discharging centre-fire ammunition in a semi-automatic manner; a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise; or a firearm of any other kind that is prescribed to be a restricted firearm.
Self-defence
A person is not guilty of an offence if they reasonably believe on reasonable grounds that force was being used against them or another person. or that a threat of force was made. They can act in self defence to protect themselves or the other person, as long as their actions are reasonable in the circumstances.
