Criminal Code

Version of section 41 from 2003-01-01 to 2013-03-10:

Marginal note:Defence of house or real property
  •  (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

  • Marginal note:Assault by trespasser

    (2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

  • R.S., c. C-34, s. 41.
Date modified: