Marginal note:Defence — use or threat of force

• 34. (1) A person is not guilty of an offence if

  • (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

  • (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

  • (c) the act committed is reasonable in the circumstances.

• Marginal note:Factors

  (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

  • (a) the nature of the force or threat;

  • (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

  • (c) the person’s role in the incident;

  • (d) whether any party to the incident used or threatened to use a weapon;

  • (e) the size, age, gender and physical capabilities of the parties to the incident;

  • (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

  • (f.1) any history of interaction or communication between the parties to the incident;

  • (g) the nature and proportionality of the person’s response to the use or threat of force; and

  • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

• Marginal note:No defence

  (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.

Defence of Property

Marginal note:Defence  —property

• 35. (1) A person is not guilty of an offence if

  • (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

  • (b) they believe on reasonable grounds that another person

    • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,

    • (ii) is about to take the property, is doing so or has just done so, or

    • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

  • (c) the act that constitutes the offence is committed for the purpose of

    • (i) preventing the other person from entering the property, or removing that person from the property, or

    • (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

  • (d) the act committed is reasonable in the circumstances.

• Marginal note:No defence

  (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

• Marginal note:No defence

  (3) Subsection (1) does not apply if the other person is 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.