INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the use of force by individuals enforcing the law, unless the person using force believes the other person is acting unlawfully.
SECTION WORDING
34(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.
EXPLANATION
Section 34(3) of the Criminal Code of Canada provides limitations on the application of the self-defense provisions outlined in subsection (1) when the force is used or threatened by someone for the purpose of carrying out their lawful duties as authorized by law. In other words, the provision provides protection to law enforcement officials who use or threaten force in the context of enforcing the law. The provision recognizes that certain individuals, such as police officers and other authorized law enforcement officials, may need to use force to carry out their lawful duties, such as making an arrest or preventing a crime. Without this protection, authorized officials could be held criminally responsible for any harm caused during the course of their lawful duties, even if the use of force was necessary. However, the provision also makes it clear that this protection is not unlimited. Individuals who use or threaten force must genuinely believe that their actions are necessary and proportionate to the situation at hand. If the individual who uses force does not have reasonable grounds to believe that the other person is acting unlawfully, then they may still be held criminally responsible for any harm caused. In summary, section 34(3) of the Criminal Code of Canada provides protection to authorized law enforcement officials who use or threaten force in the administration or enforcement of the law, as long as their actions are necessary and proportionate to the situation and they have reasonable grounds to believe that the other person is acting unlawfully. This provision strikes a balance between protecting the public and ensuring that law enforcement officials are able to carry out their duties safely and effectively.
COMMENTARY
Section 34(3) of the Criminal Code of Canada is an important provision that recognizes the role of law enforcement officers in society, and establishes the conditions under which they may legitimately use force in the administration and enforcement of the law. This provision essentially creates a legal defense to charges of assault or other violent crimes, where the accused person can argue that they acted in self-defense or in defense of others, and that their actions were justified under the circumstances. The key element of the defense provided by section 34(3) is that the force used or threatened must be required or authorized by law in order for it to be considered lawful. This means that a police officer or other law enforcement official must have a legal basis for their actions, such as a warrant, a lawful order, or the power of arrest, before they can use force against a person. This helps to ensure that law enforcement officers do not act arbitrarily or unjustly, and that their actions are subject to oversight and accountability. However, the defense provided by section 34(3) is not absolute. The provision also requires that the person who commits the act that constitutes the offense, such as assault or battery, must believe on reasonable grounds that the other person is acting unlawfully. This means that the accused person must have a genuine belief that the force they used was necessary to prevent a crime or protect themselves or others, and that this belief was based on a reasonable interpretation of the circumstances. Importantly, the provision does not allow law enforcement officers to use force simply because they believe it is necessary to enforce the law. Rather, it requires that the force used or threatened be proportionate to the circumstances, and that it be necessary to achieve the legitimate purpose of the law enforcement action. In practice, section 34(3) has been the subject of significant controversy and debate in Canada, particularly in cases where law enforcement officers have used force against members of marginalized communities, such as Indigenous peoples, people of color, and people experiencing homelessness or mental health issues. In some cases, the defense provided by the provision has been successfully used to justify the use of deadly force against unarmed individuals, leading to public outrage and calls for reform. As such, section 34(3) is an important provision in the Criminal Code of Canada that balances the need for law enforcement officers to use force in certain situations with the need to ensure that this force is legitimate and proportionate. However, it is a provision that must be applied carefully and subject to scrutiny, to ensure that it does not result in impunity for law enforcement officers who abuse their power or act unlawfully.
STRATEGY
Section 34(3) of the Criminal Code of Canada provides a defence to individuals who use force in the administration or enforcement of the law. However, this defence is not absolute, and there are strategic considerations that must be taken into account when dealing with this section of the Criminal Code. In this essay, we will discuss the strategic considerations and strategies that can be employed when dealing with Section 34(3). Understanding the Scope of Section 34(3) One of the first strategic considerations when dealing with Section 34(3) is to understand its scope and limitations. This defence only applies when force is used for the purpose of doing something that a person is required or authorized by law to do in the administration or enforcement of the law. Moreover, the defence is not available if the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully. Therefore, when considering the use of force in the administration or enforcement of the law, it is critical to ensure that the use of force is consistent with the law. Failure to do so may result in criminal charges and civil lawsuits. Training and Education Another critical strategy when dealing with Section 34(3) is training and education. Individuals who may be called upon to use force in the administration or enforcement of the law must be adequately trained and educated. This training must include the legal requirements for the use of force, as well as the moral and ethical considerations associated with the use of force. Moreover, training should be ongoing, and individuals who may be called upon to use force should receive regular updates on changes to the law and best practices associated with the use of force. Documentation and Reporting When force is used in the administration or enforcement of the law, it is critical to ensure that appropriate documentation and reporting procedures are followed. The documentation should include a detailed account of the events leading up to the use of force, as well as the force used and its outcomes. Moreover, the reporting procedures should be designed to ensure that the use of force is reviewed by appropriate individuals, such as a supervisor or oversight body. Failure to follow appropriate documentation and reporting procedures may result in criminal charges and civil lawsuits. De-escalation One of the most effective strategies for dealing with Section 34(3) is de-escalation. De-escalation refers to techniques that can be used to reduce the use of force and prevent violent confrontations. This approach involves communication, active listening, and problem-solving skills. De-escalation techniques should be part of the training and education provided to individuals who may be called upon to use force in the administration or enforcement of the law. Moreover, de-escalation strategies should be incorporated into policies and procedures to ensure that they are used consistently and effectively. Conclusion Section 34(3) of the Criminal Code of Canada provides a defence to individuals who use force in the administration or enforcement of the law. However, this defence is not absolute, and there are strategic considerations that must be taken into account. These considerations include understanding the scope of Section 34(3), training and education, documentation and reporting, and de-escalation. By adopting these strategies, individuals who may be called upon to use force can ensure that they are acting within the law and with the highest level of professionalism.