Can I Defend My Property in Alberta?

In Alberta, individuals have the right to defend their property from criminal intruders.

However, the way an individual can defend their property is limited by the law and the use of force must be reasonable in the circumstances.

Legal Framework for Self-Defence and Defence of Property

The Criminal Code of Canada sets out the legal framework for self-defence and the defence of property.

Section 34 of the code states that an individual is not criminally responsible for an act committed in self-defence or defence of another person if the act was committed while the individual believed on reasonable grounds that it was necessary for the self-preservation of the individual or the other person.

The principle of reasonable force applies in cases of defence of property as well.

Limitations on the Use of Force

It is important to note that an individual cannot use force to protect property that has been obtained illegally or that is being used for illegal purposes. An individual also cannot use force to protect property that is not theirs, unless they have been authorized by the owner to do so.

Criminal Trespassing vs Civil Trespassing

When it comes to defending your property, it is important to understand the difference between criminal trespassing and civil trespassing.

Criminal trespassing occurs when an individual enters or remains on the property without the owner’s consent and with the intent to commit a criminal offence. In this case, an individual may use reasonable force to remove the trespasser and make a citizen’s arrest.

Civil trespassing, on the other hand, occurs when an individual enters or remains on the property without the owner’s consent but without the intent to commit a criminal offence. In this case, an individual cannot use force to remove the trespasser and must instead seek a court order for their removal.

When can I Defend my Property?

In the case of criminal trespassing, an individual may use reasonable force to remove the trespasser and make a citizen’s arrest.

On the other hand, in civil trespassing (without the intent to commit a criminal offence) individuals cannot use force to remove the trespasser and must instead seek a court order for their removal.

It is important to note that the Castle Doctrine, which is the legal principle that allows the use of force, including deadly force, to defend one’s home and its occupants from an unlawful and imminent threat, is not recognized in Canada.

The Use of Deadly Force

It is also important to note that the use of deadly force, such as a firearm, to defend property is generally not considered reasonable in the circumstances. The use of a firearm in this context can lead to serious criminal charges, such as manslaughter or second-degree murder.

Understanding a Citizen’s Arrest

The Citizen’s Arrest and the Self-Defence Act are both important legal concepts in Canada that relate to an individual’s right to defend themselves and their property.

The Citizen’s Arrest is a legal principle that allows any individual to arrest someone who has committed an indictable offence in their presence, or whom they have reasonable grounds to believe has committed an indictable offence. The individual making the arrest must then promptly call the police and turn the arrested person over to them.

The Self-Defence Act, on the other hand, is a legal principle that allows an individual to use force to defend themselves or another person, as long as the use of force is reasonable in the circumstances.

The act states that an individual is not criminally responsible for an act committed in self-defence or defence of another person if the act was committed while the individual believed on reasonable grounds that it was necessary for the self-preservation of the individual or the other person.

It’s important to note that the use of force in defence of oneself or property must be proportional to the threat, and an individual cannot use more force than is necessary to remove the threat. Additionally, an individual cannot use deadly force, such as a firearm, unless their life is in imminent danger.

A Citizen’s Arrest and the Self-Defence Act provide individuals with the legal right to defend themselves and their property, but it is important to ensure that the use of force is reasonable and proportionate to the threat. Excessive or deadly force is not allowed unless the person’s life is in imminent danger.

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As a property owner in Calgary, you have the right to defend your property from criminal intruders. However, the use of force must be reasonable in the circumstances and cannot cause death or serious bodily harm.

It’s important to understand the difference between criminal trespassing and civil trespassing, and the use of deadly force is not considered reasonable.

If you have any doubts about your rights or the actions you should take, it’s always recommended to seek legal advice.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.