Self-Defence With a Firearm

The Criminal Code allows you to use proportional force to defend yourself, though it does not state that you can use a firearmA barrelled weapon capable of firing a projectile that can cause serious injury or death. to protect or defend yourself.

Section 34 of the Code sets out a three-part test. A person is not guilty of an offence if: (a) they believe on reasonable grounds that force is being used against them or another person, or that a threat of force is being made against them or another person; (b) the act they commit is done for the purpose of defending or protecting themselves or that other person from that use or threat of force; and (c) the act committed is reasonable in the circumstances.

To decide whether the response was reasonable, courts weigh a number of factors under s.34(2). These include the nature of the force or threat, how imminent the danger was and whether other options were available, each person's role in the incident, whether any party used or threatened to use a weapon, the size, age, gender and physical capabilities of everyone involved, the nature and history of the relationship between the parties and any prior use of force, the nature and proportionality of the response, and whether the force being responded to was itself lawful.

A subsection adds that this defence does not apply if the self-defence was used against a police officer or someone involved in the "administration or enforcement of the law," unless that person was acting unlawfully.

Section 20 of the Firearms Act allows you to be authorized to possess a restricted firearmInclude most handguns or certain prohibited handguns at a place other than where they are normally permitted, if you need it to protect your life or the lives of others, or for a lawful occupation. The Authorization to CarryA permit that allows a person to lawfully possess a restricted or prohibited firearm that is loaded or with readily accessible ammunition Regulations set out additional requirements for the protection-of-life ground: your life or others' lives must be in imminent danger from another individual, police protection must not be sufficient in the circumstances, and carrying the firearm must be reasonably justified for protection from death or grievous bodily harm. You must obtain an Authorization to Carry from the Canadian Firearms Program to carry a restricted firearm or restricted long gun in these circumstances.

Those engaged in certain professions are allowed to possess restricted or prohibited firearmsVarious weapons including automatic weapons, 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 Carry from the Canadian Firearms Program to carry a handgun or restricted long gun for a lawful occupational purpose.

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 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 possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. and control of the weapon at the time. They also must prove that you did not act in self-defenceA defence involving force used to protect against force or threat., 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.

Using a firearm in self-defence may be lawful under s.34 of the Criminal Code if you believed on reasonable grounds that force or a threat of force was being used against you or someone else, and your response was reasonable in the circumstances. You do not have to prove self-defence. Once the issue is raised, the Crown must disprove it beyond a reasonable doubt. Case law shows that successfully establishing self-defence can be difficult. 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" as a constitutional right, though s.7 on its own does not authorize the use of a firearm and is one argument among many your defence may raise.

Self-defence with a firearm is not a charge. It is a possible defence or legal issue that may arise in a case involving force, property, firearms, or another offence.

Section 34 sets out the self-defence rules: when a person is not guilty of an offence because they acted to defend or protect themselves or another person from force or the threat of force. Section 35 sets out a parallel defence for the protection of property. Whether either defence applies turns on factors the court weighs in the specific case.