Should we be allowed to use force to defend our homes?

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VANCOUVER (NEWS1130) – It is called the Castle Doctrine, as in “your home is your castle”. Many US states legally allow the use of force in defending your home. Some high-profile cases north of the border have opened up debate over how much force should be allowed in Canada.

The National Post lists some incidents, such as the man who started shooting when his house was being firebombed by masked men and another who shot a thief riding off on his ATV. There’s also the shopkeeper in Toronto who tied up and held a repeat shoplifter. That kind of self defense often ends up in charges against the defender.

There have been more calls for a Canadian version of the Castle Doctrine, but on the streets of Vancouver, not everyone’s a fan.

“No, I don’t believe in guns or anything like that. Maybe I’m not prepared in this day and age because there is a lot of ‘badness’ going on, but definitely no weapons,” says one man.

Another says people can always call 911. “I mean, I don’t see why they need a gun or a knife or anything.”

Where is the line drawn when comes to a reasonable amount of force when defending property in Canada? News1130’s legal analyst Michael Shapray says the law is clear. “We have limits on that, and the criminal code makes a restriction that you can only use as much force as is necessary to prevent the trespasser or the unlawful break and enter into the home.

If convicted, people could face charges of assault or murder. Shapray tells us, “It may be that there’s a mitigation on their sentence because of the nature of the situation that was going on. But it wouldn’t necessarily provide them with a defense.”

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