Canadian Law and Self Defence
Canadian Law and Self Defence: the fine line between justifiable self-defence and criminal assault. The unique definitive study of the Canadian Criminal Code as it pertains to Self Defence (1995): ISBN: 0-9733145-0-8
This one of a kind book grew out of the legal pitfalls I heard being taught on the dojo floor by well meaning but misinformed teachers of the martial arts.
It took two years of research in the University of Victoria Law library and two more years to write. It was adjudicated by the Martial Arts College of the Eurotechnical Research University of Hawaii to be a masters level thesis. Therefore, upon the successful attempt at my Sandan grading (the physical grading minimum necessary for a masters level diploma), I was presented with a Masters degree in Martial Science.
Sample Index of Topics :
- What is Excessive Force?
- When is Self Defence Nullified?
- Citizen’s Right to Arrest
- Prohibited Weapons: (not including firearms)
- Update on the new weapons Laws!
- Illegal Martial Arts Weapons
- The Right to Carry a Weapon for Self Defence
- Threats are Assaults
Scope:
This work is based upon the study of Appeal Court cases. Every court keeps its own record of all cases in its files but only the cases which are resolved by a change or new or interesting interpretation at the Appeal level are written up in the case summaries. It would be impossible for me to research all cases. Thus I have no idea about cases which were never appealed.
Defence to Charges (from the Introduction)
“Some people consider that our right to be presumed innocent until proven guilty must mean they do not need to defend themselves against criminal charges. The need to submit a defence of your actions in the face of criminal charges does not contradict your presumed innocence. Rather it is essential to a proper outcome of the case.
A defence tries to convince the court that some acts normally considered to be illegal are authorized in certain situations and your case is of that kind.
To prove manslaughter the crown may only need to prove that you struck the deceased with the blow that killed him. Your defence may indicate that the deceased was attacking you with deadly force so that you feared for your life and were therefore authorized to fight back with a deadly blow. In this case your presumed innocence is explained, not denied by your defence. Refusal to present a defence or to voice your side of the story in a civil or criminal proceeding while depending on the need of the court to overcome your presumed innocence could be a serious mistake indeed.”
Testimonials:
You would never drive a car without a licence, or buy a rifle without learning the laws about using it…don’t get in a self defence situation without knowing your rights and responsibilities!
Testimonial: Darren Laur
- a serving law enforcement professional
- one of four students to have attained instructor level in Synthesized Combatative Systems
- Founder and head instructor of Personal Protection Systems, Victoria BC
"For some time I have been concerned that people are setting themselves up for legal trouble needlessly in the area of self defence. Sometimes people are in trouble for actions they had a legal right to perform but they were inarticulate before the police or a judge. Other times they didn’t know the legal limits they were under.
I found this book to be accurate and useful in describing the limits we as Canadians are bound by law to observe while we protect ourselves and our families."
"Very informative."
Darren Laur
Personal Protection Systems
(250) 743-5191
Testimonial: Ken Tallack, Kyoshi
- 8th Dan, Meibukan karate
- Researcher and martial arts consultant in the beautiful and informative new publication of Funakoshi Sensei’s first book, To-Te Jitsu, 1922: (collectors edition).
"Thanks for letting me read your book. It was very interesting…I sat down and read it from cover to cover."
"It should be required reading for all martial arts teachers."
Ken Tallack
Kingston, Ontario.
Reported Use and Enjoyment by:
- professional security
- municipal police
- RCMP
- martial artists
- hundreds of concerned citizens
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