A discussion of the law of self defense in Canada, including the 2021 Supreme Court of Canada in R. v. Khill. We also make comparisons to the Kyle Rittenhouse case in the United States and discuss Canadian immigration implications involving the law of self defense in criminal matters.
Section 34 of the Criminal Code sets out a defence of self-defence. It states that a person is not guilty of an offence in certain defined circumstances where (a) they reasonably believe that force or a threat of force is being used or made against them or another person; (b) they act for the purpose of defending or protecting themselves or the other person; and (c) the act is reasonable in the circumstances.
Several Federal Court of Canada decisions have reiterated that in determining equivalency visa officers have to determine whether the defence of self-defence arises, including Zeine v. Canada (Citizenship and Immigration), 2023 FC 1370.