Do I have a defence?

Because Homicide is so serious, you can expect that the police investigation will be thorough and comprehensive, and involve advanced investigative techniques with unlimited resources. These techniques include undercover sting operations, constant surveillance, wiretaps, search warrants, and unrelenting police interrogations. Given the complexity of these investigations, many factual and legal issues give rise to possible defences, and it takes an experienced and devoted lawyer to identify these nuanced areas. Due to the intensity of the investigations, it is not uncommon for evidence to be gathered in breach of your Charter rights. Our lawyers may be able to apply to exclude evidence gathered against you in violation of your Constitutional rights and identify weaknesses in the Crown’s case that may result in reducing a charge of first or second-degree murder down to manslaughter, or obtaining an outright acquittal depending on the many factors at play in these cases.

The Criminal Code of Canada’s self-defence section was recently revised in order to provide a more comprehensive definition of self-defence and codify a list of factors to be considered when evaluating a claim of this nature. Section 34 of the Code states that a person is not guilty of an offence if they believe on reasonable grounds that force (or a threat of force) is being used against them, that in defending themselves they are acting purely in order to defend themselves or another person from the use of force, and that they are reasonably defending themselves given the circumstances of the violence (or threat) being used against them (Criminal Code, s. 34(1). A court shall consider a list of factors, including, but not limited to:

• the nature of the force or threat;
• the extent to which the use of force was imminent and whether there were other means 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 or 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; and
• whether the act was committed was in response to a use or threat of force that the person knew was lawful.