No Charges After Halifax Massacre, What Is Self Defense? – Halifax | globalnews.ca

After a recent murder in Halifax led to no charges, two lawyers say there’s a lot to consider about how self-defense laws work.

On December 30, just before 7 p.m., police found a 26-year-old man suffering from stab wounds in the 3100 block of Robey Street.

Anthony Robert Herritt died at the scene, and his death has been ruled a homicide by police.

Halifax Regional Police alleged earlier this week that two men were conducting a home invasion when they confronted a resident of the residence, which left one of them fatally stabbed.

A man was charged with breaking and entering, possession of a dangerous weapon in a public place, disguise, and violation of probation. No charges were filed in connection with the death.

During a media availability, spokesperson Const. John McLeod said that this was not an accidental incident.

“Is it considered self-defense? … It’s a difficult thing to consider in that word,” he said.

“What our investigators need to do is look at the evidence in front of them, gather all the information they have, and determine whether or not charges would be appropriate. And in this case, at this time our investigators are not considering any charges.” ”

Police said a man involved in the home invasion had been to the home earlier, but did not elaborate on his relationship with the homeowner.

Sections 34 and 35 of the Criminal Code of Canada establish that a person is not criminally guilty when defending himself or his property.

It notes that the act committed must be “reasonable in the circumstances”.

Archie Kaiser, a professor at Dalhousie University Schulich School of Law, said the Criminal Code was amended in 2016, which helped simplify the definitions.

“You can use force all the way up to lethal force,” he said. “That, again, depends on the level of presence and intensity of factors as determined by Parliament.”

Those factors include, but are not limited to:

• the nature of the force or danger, and its imminence;
• whether other means could have responded to the threat;
• the role of the person exercising self-defense in the incident;
• arms involvement;
• the size, age, gender and physical ability of the aggressor;
• Prior relationship between the people involved.

But Kaiser said that if excessive or unreasonable force is used, you become criminally liable for the harm.

“You would go from someone who would be involved in non-culpable homicide, which could be manslaughter or manslaughter,” he explained.

The act must also be in direct response to imminent danger – not for revenge or punishment.

“Your response has to be measured,” said Edward Burlew, an Ontario defense lawyer who practices nationwide.

“If I’m being attacked, I’m the victim and I’m going to defend myself,” he said.

“And my actions may play a part in assessing whether my actions were appropriate or not.”

In the case of what happened on Robey Street, Burlew said there were a lot of “missing facts” that have yet to be released to the public.

However, he added that it was likely that, because of the seriousness of the matter, Crown attorneys would probably have been involved and would have paid “special attention” to the circumstances.

Kaiser said police are not required to provide an exact legal explanation as to why or whether to pursue charges, but noted that they, along with Crown attorneys, will look at whether a conviction is likely or if prosecution is warranted. There is no public interest in the matter.

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