Our neighbor to the north makes it difficult to understand whether it is in your best interest to defend yourself INSIDE your home.
To most, it is a no brainer. But in Calgary, the view is a bit fuzzy.
07 January 2008
Canada Needs A Castle Doctrine
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The Castle Doctrine does exist in Canada at Common Law. All Common Law Rights are in effect in Canada. However! In Canada Common Law is overridden by Statutory Acts of Parliament and Provincial legislatures. The Police and Crowns have been very ignorant of Common Law Rights and have charged people with defending themselves against intruders.
Thankfully many Court Jesters have upheld the Castle Doctrine example
During the brief trial, Justice Colin McKinnon scathed the prosecutor. Here are some excerpts.
“He’s having his life threatened,” said Judge McKinnon. “What are you going to do, jump off the balcony?”
Then Judge McKinnon asked Ms. Parfett whether she would have shot the intruder, Mr. O’Donnell.
Ms. Parfett said she would not shoot the intruder.
“Then Ms. Parfett, we would have been attending your funeral,” said Judge McKinnon. “The answer is so obvious.”
Ms. Parfett said Mr. Morrow didn’t know the intruder had a gun. Judge McKinnon shot back: “Are you serious with that submission?’He (the intruder) is drunk, he is screaming, he says he has a gun,” said Judge McKinnon. “What is he to do?”
Citing the old English common law that your home is your castle, the judge said there is no requirement for a citizen to retreat from attackers in the home. “The accused acted reasonably in these circumstances.” Though there was no jury in the case, he said a jury could not reasonably convict Mr. Morrow, and dismissed the charges.
In 2007, police in Laval, Quebec raided a man’s home. Basil Parasiris, his wife and two children, were sleeping in their home when they were suddenly awoken. Mr. Parasiris believed his home was being attacked by home invaders. He shot back with a .357 magnum revolver. Unfortunately, one police officer was killed and another was wounded. Mr. Parasiris was latter acquitted of all charges by a jury, even though the jury at the time didn’t know that the police raid had been deemed illegal.
To be perfectly honest we seriously do not need the "Castle Doctrine" put into a statute that can be changed at the caprice of any Parliament. By definition a statute is the means by which a right is extinguished. Our rights at Common Law are absolute and inherent, we as people need to stand on the Common Law.
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