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[u/floydsmoot]

Conservatives introduce bill to create self-defence law for home invasions

https://www.thecanadianpressnews.ca/national/conservatives-introduce-bill-to-create-self-defence-law-for-home-invasions/article_8f98ce21-f4e4-57ad-85b7-450a10b2f0ca.html

[u/Lumindan → u/floydsmoot]

I said this in the thread about it on this sub, no one should be against this, our current laws for self defense punish the victims so hard it's not even funny.

[u/Goliad1990 → u/Lumindan]

our current laws for self defense punish the victims so hard it's not even funny.

The laws don't, the legal system itself does.

Defensive shooters almost always win in court, or have their charges dropped, because the law already explicitly permits you to defend yourself. Whats fucking people over is police laying charges blindly, and that's a whole separate issue that you can't fix by just writing a castle doctrine. Regardless of how good the laws are, you still have to show up in court if bullshit charges are laid, and that's what's costing people.

[u/Lumindan → u/Goliad1990]

You’re identifying a real problem, but drawing the wrong conclusion from it imo

To be clear, Winning after months or years of investigation, legal bills, and potentially losing your job isn’t exactly a great time for anyone and full on, it's a huge flaw in our systems.

The reason charges get laid so often is because the current self-defence law is extremely vague. Section 34 of the Criminal Code basically boils down to whether force was reasonable in the circumstances which is something police and prosecutors interpret after the fact. When the standard is that so vague, officers tend to lay charges and let the courts sort it out; which fucks the end user super bad (especially if they're just defending their families or themselves from an intruder).

An amendment to the law (IE: The stand on guard act) would allow for more clarity and also add protections for Canadians in these situations which in itself would help alter the legal system. Can't lay charges as easily if people are already in the clear.

[u/Goliad1990 → u/Lumindan]

The reason charges get laid so often is because the current self-defence law is extremely vague.

It can't be that vague if defensive shooters are always exonerated, and at this point there's so much precedent and case law accumulated over the years that lack of clarity can't be a valid excuse.

I'm not opposed to this move by the Cons, obviously, but it also won't fix shit.

[u/Lumindan → u/Goliad1990]

It can't be that vague if defensive shooters are always exonerated, and at this point there's so much precedent and case law accumulated over the years that lack of clarity can't be a valid excuse.

The problem isn't whether they are found guilty or not in the end, the entire point of the bill is to cut through the legal murkyness which would cut down on people having their lives ruined after they defend their families / property. You gotta start somewhere.

Presumes Reasonableness. Force used to stop a home invader who poses a threat will be deemed reasonable; there will be no more second-guessing after the fact. Ends Legal Limbo. Canadians defending themselves should not spend years in court while criminals walk free. This law gives clarity to citizens, police and prosecutors.

I think it's a good move in the right direction for Canadians. It's better than what we have now that's for sure. It's not a long read. I don't think it'll survive the house but it's better than nothing.