INTRODUCTION AND BRIEF DESCRIPTION
One is not justified in using force likely to cause death or bodily harm unless it is necessary for self-preservation or protection of others.
SECTION WORDING
25(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.
EXPLANATION
Section 25(3) of the Criminal Code of Canada outlines the conditions under which a person may use force that is intended or likely to cause death or grievous bodily harm. The section states that a person is not legally justified in using such force unless they believe on reasonable grounds that it is necessary for their self-preservation or the preservation of someone under their protection. This means that in cases where someone uses force that is likely to cause death or grievous bodily harm to themselves or another person, they must have reasons that are considered reasonable in order to be legally justified. For example, if someone is being attacked by an assailant and believes that using deadly force is necessary to protect themselves or someone else, they may be legally justified. However, it is important to note that this section does not give individuals the right to use excessive force or engage in vigilante justice. The use of force in any situation must be proportional and necessary and should not exceed what is required to protect oneself or someone else. Ultimately, section 25(3) serves to balance the right to self-defense with the need to protect society from unnecessary and excessive use of force. It ensures that individuals are held accountable for their actions while also allowing them to protect themselves and others in dangerous situations.
COMMENTARY
Section 25(3) of the Criminal Code of Canada outlines the legal limits to which a person can use force in self-preservation or the preservation of another person's life. It restricts the use of force that is intended or is likely to cause death or grievous bodily harm unless the person in question has a reasonable belief that such force is necessary for their own safety or the safety of the person under their protection. In simpler terms, Canada's Criminal Code allows self-defense and defense of others, but only up to a certain point. The essence of this law is to create a balance between individual rights and the need for public safety, providing a mechanism for lawful self-defense while limiting the use of force to what is reasonable and necessary. The court will determine if the actions taken were reasonable and necessary based on the situation's nature and context. Academic arguments exist regarding the subject. Some believe that the degree of injury inflicted should not be a criterion for judging an act of violence, as it may lead to confusion in interpreting self-defense. Others argue that any violence with the intention or likelihood of causing death is lethal force. They further argue that lethal force should only be used when a victim reasonably believes it is essential to limit an attack or defend against threats of deadly force. This section of the Criminal Code is a clear and necessary provision to protect the integrity of the justice system. It prevents misuse of force and ensures that justice is served in a fair and equitable manner. Still, the enforcement of this law must not be over-emphasized and deny people the right to defend themselves appropriately. Proper training, in this case, is crucial for individuals to respond appropriately when confrontations occur. In conclusion, while the Criminal Code of Canada's Section 25(3) aims to protect individual rights and public safety, it places limitations on the degree of self-defense. Still, the continuous debate existing amongst experts shows the provision may require revisions to ensure that it is adequate for Canada's current circumstances. It is ultimately essential to understand the law in its context and ensure that any act of violence only occurs where necessary and justified.
STRATEGY
Section 25(3) of the Criminal Code of Canada outlines the legal limits of self-defence. It essentially says that a person can only use force that is intended or likely to cause death or grievous bodily harm if they believe that it is necessary for their own self-preservation or that of someone under their protection. While this section provides legal protection for those who act in self-defence, it also has its limitations. One strategic consideration when dealing with this section of the Criminal Code is understanding its criteria. The key word in this section is necessary". This means that there has to be no other reasonable option available to protect oneself or someone under their protection. This means that the defender must demonstrate that the use of force was necessary, which requires providing evidence and convincing a judge or jury that they acted with a reasonable level of force. Another strategic consideration is the burden of proof. The burden of proof rests with the defence. This means that it is up to the defendant to prove, on balance of probabilities, that their actions were justified. This can be a challenge, as it requires the presentation of evidence that can prove that the use of force was necessary. Additionally, the severity of the response is critical when dealing with this section of the Criminal Code. A defendant must prove that the level of force used was reasonable given the circumstances. If their response is found to be unreasonable, they could be held criminally responsible for their actions. One strategy that could be employed in cases involving this section is to gather as much evidence as possible. This includes witness statements, photographs, and CCTV footage or any other evidence that might corroborate the defendant's account of the events. This evidence can be used to demonstrate that the use of force was necessary under the circumstances. Another strategy is to approach the case with a clear understanding of the law. This means that the defendant should be familiar with Section 25(3) of the Criminal Code of Canada as well as case law that relates to self-defence. With this knowledge, the defendant's legal team can present a more convincing argument. Another potential strategy is to work with an experienced criminal defence lawyer who has experience handling cases involving Section 25(3) of the Criminal Code. An experienced attorney can help a defendant navigate the legal system and present the best possible defence. In conclusion, Section 25(3) of the Criminal Code of Canada provides legal limits for self-defence. Strategic considerations when dealing with this section include understanding its criteria, the burden of proof, the severity of the response, gathering evidence, having an understanding of the law and working with an experienced criminal defence lawyer. Employing these strategies can help those charged with a criminal offence involving self-defence better navigate the legal system and work towards a successful defence.
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