Alberta’s Premier is taking a firm stand, aiming to reinforce the right to self-defence and challenge federal gun policies. Her recent announcements, met with enthusiastic support, focus on providing clearer direction to law enforcement and prosecutors regarding when charges should be pursued – and when they shouldn’t.
The Premier directly addressed potential criminals, stating plainly that those who break into homes risk facing serious consequences. This wasn’t a radical departure, but a reaffirmation of a deeply rooted legal principle: the right to protect oneself and one’s family within the sanctity of their own home.
Self-defence isn’t a new concept in Canada; it’s a cornerstone of the legal system, protected by both common law and enshrined in the Criminal Code. Section 34 and Section 7 of the Charter of Rights and Freedoms guarantee the right to life, liberty, and security, all of which are intrinsically linked to self-preservation.
The Premier’s approach isn’t about enacting new laws, but about refining existing policy. She intends to revise the guidelines given to police and Crown attorneys, documents that dictate when charges are laid. These manuals are regularly updated, and this move seeks to ensure they accurately reflect the spirit and letter of the law.
This isn’t a unique step, but one that every province could implement immediately. Instead of demanding new federal legislation – often referred to as “Castle Law” – provincial governments can clarify existing rights by adjusting these internal manuals. The fundamental right to defend one’s home, often called Castle Law, already exists within the framework of Canadian law.
The core of self-defence hinges on the concept of “reasonableness.” The Criminal Code states that actions taken in self-defence must be reasonable given the circumstances. A person facing an imminent threat to their life is legally justified in using necessary force, even lethal force, to protect themselves.
However, that protection doesn’t extend to unreasonable actions. Pursuing and attacking someone after they’ve fled the scene would not be considered self-defence. The law demands a proportionate response to an immediate threat.
According to criminal defence lawyer Solomon Friedman, the issue isn’t the law itself, but its interpretation through policy. “The law is not the problem; policy is the problem,” he explains. Provincial governments hold the power to amend the policy handbooks used by police and Crown attorneys, directly influencing charging decisions.
Friedman emphasizes that the Premier’s actions are simply a return to established legal principles. Self-defence has been a recognized right in Canada since the earliest criminal codes, offering a complete defence against charges, even in cases of murder.
Past attempts to clarify self-defence laws, like those made by the federal government in 2012, fell short because provincial policy manuals weren’t updated to reflect the changes. This created a disconnect between the law and its practical application.
The truth is, the foundation of self-defence is already present in Canadian law. Provinces simply need to ensure their law enforcement and prosecution services understand and respect those rights by updating their internal guidelines, mirroring the approach being taken in Alberta.
