Lawyer Kim Schfield says many people find it hard to work for the Canadian law in terms of self -defense and strength.
This text is a translation of an article by CTV News.
“You can do anything that is reasonable in the circumstances, but not everything you want,” she explained during an interview with CTV Your Morning. “It all really depends on the context.”
Unlike the “castle law” in the United States, the Criminal code Canadian authorizes the use of force only when deemed “reasonable” and “proportionate”.
“Imagine that the person is starting to run away,” said Schofield. “Can you then pursue her and stab her on the back several times?”
She explains that there is a time when self -defense stops and when criminal responsibility can be engaged.
“We do everything reasonable or proportioned in the circumstances. You can’t just get angry and do justice yourself. ”
-Kim Schofield, lawyer specializing in criminal law in Toronto
“Something wrong”
The comments of Me Schofield follow an intrusion into a house in Lindsay, Ontario, which left an alleged seriously injured intruder and his resident being the subject of criminal proceedings.
Jeremy McDonald was accused of serious assault and armed assault after he used a knife during an altercation with Michael Kyle Breen in his apartment.
Mr. Breen was transported by helicopter to a Toronto hospital and faces several charges, notably break -in, theft and possession of a weapon. He was also the subject of an arrest warrant at the time of the facts.
The case drew public attention after the Prime Minister of Ontario Doug Ford criticized the accusations against Mr. McDonald, describing the situation as an “failing system”.
“The criminal sought by the police is introduced into the house of this man, who passes him to the tobacco, and it is he who is accused,” he deplored. “Something does not work.”
McDonald must appear in court on September 25. Breen, on the other hand, remains in detention pending a release hearing under bail once he has left the hospital.
With information from Heather Wright for CTV News and Joanna Lavoie and Bryann Aguilar Percp24
