What are the Self-Defence Laws in Canada?

Updated: July 07, 2025
Legally Reviewed by Cory Wilson

Self-defence may be a valid legal defence in several types of criminal cases involving violent offences in Canada.

In fact, self-defence is a fundamental right of Canadians when faced with immediate danger. The use of force, including deadly force, if necessary, can legally protect individuals from harm in certain circumstances.

However, strict limitations apply to these actions. It is important to understand your rights and the legal boundaries if you or a loved one are placed in a threatening situation.

Here’s what you need to know about the self-defence laws in Canada…

What constitutes self-defence under Canadian law?

Section 34 of the Criminal Code of Canada states the following:

A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) the act committed is reasonable in the circumstances.

So, there must be a reasonable belief of force or the threat of force, the response to the threat must be proportional to the threat posed, and the purpose of the response must be to defend yourself or another person rather than to inflict unnecessary harm or to get revenge.

If these elements are not all satisfied, the act may constitute a criminal offence and the perpetrator could be charged.

What do the courts consider in self-defence cases?

If self-defence is being argued, a judge or jury will consider the following factors when weighing up whether the defence is reasonable or not:

• The nature of the force or threat.
• The extent to which the use of force was imminent and whether other means were available to respond to the potential use of force.
• The person’s role in the incident.
• Whether any party to the incident used or threatened to use a weapon.
• The size, age, gender, and physical capabilities of the parties to the incident
• The nature, duration, and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat.
• Any history of interaction or communication between the parties to the incident.
• The nature and proportionality of the person’s response to the use or threat of force.
• Whether the act committed was in response to a use or threat of force that the person knew was lawful.

What is the “air of reality” test?

The “air of reality” test is used before a self-defence claim can be presented to a jury. This stems from the Supreme Court case R. v. Cinous, Jacques 2002 SCC 29, where it was stated that a defence can only be considered by a jury if there is a factual basis for it.

The defendant must provide all the evidence supporting the claim to the trial judge. The judge will then evaluate all the defences that are supported by evidence, determine whether the defence raises a legitimate issue for the jury to examine, and dismiss any defences that are not. 

Can weapons be used in self-defence?

The weapons laws in Canada are different from the U.S., with much tighter restrictions on gun ownership and usage.

Here, weapons can only be used to defend yourself if the weapon is not prohibited and it is used to reasonably defend one’s self against a severe and probable threat. If you are the victim of an assault, attempted rape or sexual abuse, robbery, kidnapping, abduction or trespassing, for instance, self-defence may be justified.

However, the use of prohibited weapons like pepper spray, stun guns, Tasers, firearms, or switchblades—even in self-defence—can result in criminal weapons charges. 

Remember, under Canadian law, self-defence can be used to defuse a threat but the response must be proportional and not inflict fatal injuries unless necessary.

Similarly, buying weapons like knives—even legal weapons—for the sole purpose of using them in non-defensive situations is illegal.

Defense of self vs. property protection

Under Section 35 of the Criminal Code, self-defence may also be a legitimate argument in cases where a defendant commits an alleged crime when defending their lawful property.

So, a person is not guilty of a criminal offence when the following are true:

• They believe they are in peaceable possession of property or are acting under the authority of or lawfully assisting a person they believe is in peaceable possession of property.
• They believe another person is about to enter the property without being entitled to do so; is about to take the property or has done so; and/or is about to damage or destroy the property or make it inoperative.
• They are committing a reasonable act to prevent the other person from entering the property, removing that person from the property, or preventing the other person from taking, damaging, or destroying property.

If an intruder breaks into your home, you are entitled to defend your property but the use of lethal force is only justifiable if it is a proportional response to the threat level. If you kill the intruder with a prohibited firearm, multiple criminal charges may apply, including a second-degree murder charge. 

This is different from U.S. laws on self-defence, where the “castle doctrine” applies and “stand your ground” laws allow individuals to use force—including deadly force—without retreating if they reasonably believe it is necessary to prevent death or serious bodily harm to themselves or others.

Call us to arrange a confidential consultation

Canadian self-defence laws are complex. It is easy to misjudge a situation and end up with an avoidable criminal charge.

Anyone charged with a violent criminal offence may be able to argue self-defence if the criteria discussed above are met—but convincing a judge or jury of this is another matter. A seasoned criminal defence lawyer can help you assess the defences available and deliver the most impactful argument.

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