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No more force than is necessary
In the Canadian criminal code, the rules regarding defense of person or property continuously use the phrase no more force than is necessary, when referring to how one is permitted to defend themselves or their property from an aggressor. I am wondering what exactly this means in practical terms.
For example, I am training in a martial art, and although I never intend to use force against someone unless I have to, I also intend to use force to protect myself or the people around me. The Canadian criminal code gives the impression that you cannot 'cause bodily harm' to someone, even if they have broken into your house, or are grabbing your wallet, unless they also attack you physically.
So my question is this: if someone breaks into my house and is creeping around, grabbing anything valuable, am I lawfully permitted to attack him as he rounds a corner, causing harm or possibly even killing him?
Now I understand that it is unnecessary to kill someone immediately, without at least making your intent clear, but tactically, it is important to account for any eventuality. If I simply grab his arm as he tries to run off with my property, and he turns around with a gun pointed at me, then I might end up dead. However, if I quickly break his neck before he even sees me, and before I know his threat level, have I over used force?
Last edited by The Pillar : 10-24-2007 at 07:11 PM.
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