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Criminal Code

Version of section 40 from 2003-01-01 to 2013-03-10:

Marginal note:Defence of dwelling

 Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

  • R.S., c. C-34, s. 40

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