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I’m pretty sure that’s the proper procedure. They will charge him, the procurer will choose to follow up or not IF the crown choose to prosecute he will plead self defence (likely win) and will have to prove that he had properly store his firearm.
I’m not a lawyer so maybe I’m in the wrong but I’m pretty sure that’s how it works
You aren’t wrong actually, I made a post a yesterday I believe which Criminal Defence attorney Jordana Goldlist explains that self defence in Canada occurs at trial, people who justifiably defend themselves and are arrested have to essentially sit in legal limbo waiting for a judge or jury to determine their outcome which really isn’t fair for the victim given they’re forced to relive the moments of the event.
If the person defending themselves went way out of line I absolutely agree they should be prosecuted however, there needs to be some change in the system that doesn’t immediately criminalize the victim.
A person illegally enters your home, they forfeit life. That's how the laws should be.
This is why no one comes to your poker night
My neighbour's mom came to visit and got the wrong house. She just opened my door and walked right in.
Unfortunate, but ultimately my neighbour understood I had to keep my family safe. He was actually very apologetic on behalf of his mother. They said she was a sweet lady, but anyone who so brazenly breaks the law is surely a danger to society.
Assume I can use common sense defending my home I'd appreciate that.
I don't doubt your common sense, just other people's.
I'd kill him and bury the body if that happened to me. Already had this talk with family, we only call the police if it is the only option available.
I think that is safer than relying on Canada's self defence laws to protect us, because they don't.
The problem with that is if you do get caught now, the actions of hiding the body and killing someone who otherwise was wounded, will significantly impact the trial and it will likely lean more on the murder side than self defense at that point.
Yeah, it's honestly a tough choice and would depend on the situation.