Question

The defence of the person in Canada is limited to specific situations.

Canada should adopt a similar law as the 'Stand Your Ground Law' in the state of Florida to better protect Canadians.
Find a case/article of a Canadian case that would fit this law and would protect the person standing their ground, or similarly protecting their personal property. EXCEPT FOR MCINTOSH AND FAID.
Could you please explain with further details, thank you!

Answer & Explanation
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Stand Your Ground Law is a self defense law put in place to ensure that citizens protect their property. 

  • In Florida, this rule was based on the castle doctrine that allows individuals the right to use reasonable force. In most cases, individuals tend to protect themselves against intruders could use this defense which is acceptable in Florida. 

This doctrine or law has been in effect but Canada faces limitations as to specific event where such can be applied.

  •  This has caused the concerns basing on racial discriminations as indigenous tribe has been on the verge of such deaths. 

In the case of Gerald Stanley, the defendant was accused of killing Colten Boushie. 

  • The prosecution had the duty to prove beyond reasonable doubt that Stanley caused this death. This relied on the perception of whether the shooting was unintended and unintentional act.

In majority of the circumstances, stand your ground law is challenge as courts are known to protect the right of life as opposed to property. 

In the case of Lucky Moose Food Mart in Toronto's Chinatown, the accused had been shoplifting and was shot, pleaded guilty for shoplifting and later he ensured that Chen was charged with assault, shackling, kidnapping, and concealing a firearm.

Step-by-step explanation

Stand Your Ground Law is a self defense law put in place to ensure that citizens protect their property. In Florida, this rule was based on the castle doctrine that allows individuals the right to use reasonable force. In most cases, individuals tend to protect themselves against intruders could use this defense which is acceptable in Florida. According to this law, it is presumed that the person who is not engaged in illegal activity, has a right to be and has no duty to retreat. This provides them with the right to stand their ground and use force. This force, is not limited to the use deadly force, if they reasonably believe that it is necessary to prevent death as well as any grievous bodily harm to themselves or another in the event of commission of a forcible felony. 

 

This doctrine or law has been in effect but Canada faces limitations as to specific event where such can be applied. This has caused the concerns basing on racial discriminations as indigenous tribe has been on the verge of such deaths. Despite having killed an individual, the citizens expect that the suspect ought to be answerable. 

 

However, section 35 of the Criminal Code of Canada offers the chance to retreat and this has been used as a requirement to determine whether a defendant was guilty of the crime or innocent. In addition, the courts still battle the decision of facing man's ethos as well as preservation of human life on the other hand.

 

In the case of Gerald Stanley, the defendant was accused of killing Colten Boushie. The prosecution had the duty to prove beyond reasonable doubt that Stanley caused this death. This relied on the perception of whether the shooting was unintended and unintentional act. In Florida, Stanley would have claimed the stand on your ground law as he was protecting his property. In addition, Stanley had no right to retreat and would be deemed as though he was acting lawfully as per section 35 of the Criminal Code.

 

 In addition, it was perceived that he acted just like any reasonable man would do when faced with such circumstances. This was decided in the case of R. v. Lavallee where the defendant killed an abusive husband. 

In majority of the circumstances, stand your ground law is challenge as courts are known to protect the right of life as opposed to property.

 

 In the case of Lucky Moose Food Mart in Toronto's Chinatown, the accused had been shoplifting and was shot, pleaded guilty for shoplifting and later he ensured that Chen was charged with assault, shackling, kidnapping, and concealing a firearm. Here, Chen told the court that his actions were based on lawful citizen arrest though it was faced with legal challenges. Therefore, this justified stand on your ground law and Chen was acquitted but it was based on citizen's arrest by law abiding citizen.

Reference

Weisbord N. (2018) Who's Afraid of the Lucky Moose? Canada's Dangerous Self-Defence Innovation. McGill Law Journal

64(2): 349