Using an Object in Self-Defence

The short answer

You can use an object to defend yourself in Canada, as long as your response is reasonable in the circumstances. Using a weapon does not automatically rule out self-defence. However, the court will look closely at whether the weapon was a fair response to the threat you faced, and the Code specifically directs attention to whether anyone used or threatened a weapon. See our assault with a weapon page for an overview.

The self-defence test

Under s. 34 of the Criminal Code, you are not guilty if three conditions are met:

1. Belief: You believed, on reasonable grounds, that force or a threat of force was being used against you or someone else.
2. Purpose: You acted to defend or protect yourself or that other person.
3. Reasonableness: What you did was reasonable in the circumstances.

Once the evidence raises self-defence, the Crown must disprove it beyond a reasonable doubt. You do not have to prove that you acted in self-defence, although evidence from you or others is usually needed to raise it. See self-defence to an assault charge.

Weapons and the reasonableness factors

The court considers a list of factors in s. 34(2). Several of them matter most when an object is involved:

• Whether anyone used or threatened a weapon: If the other person had a weapon first, using one yourself is easier to justify.
• Size, age, gender and physical ability: A smaller person facing a much larger attacker may reasonably need more than their hands.
• Other options: The court considers whether you could have left safely or used less force.
• Proportionality: The court considers whether your response matched the threat.

For example, grabbing a nearby object to fend off a much larger attacker, or someone with a weapon, may be reasonable. Using a knife against an unarmed person who pushed you is much harder to justify.

When self-defence may fail

• The threat had ended: You continued to use the object after the danger was over.
• You brought it to use it: Carrying a weapon to a confrontation you expected looks less like defence and more like preparation.
• The response went too far: Your response went far beyond the threat you faced.
• You started the confrontation: This is a factor the court considers, but it is not an automatic bar.

Defence of others and property

Section 34 also protects people who act to defend someone else, such as a family member or friend, under the same three-part test. Defending property is covered by a separate section of the Code, and the force used to protect property must also be reasonable. Using a weapon only to protect property is much harder to justify than using one to protect a person.

Evidence that matters

• Video: Footage from phones, doorbells or security cameras is often the strongest evidence. Act fast, because it is often deleted within days.
• Photographs: Photos of your injuries and the scene can show what you faced.
• Witnesses: People who saw how the confrontation started can be very important.
• The object: Where the object came from matters, including whether it was already there or you brought it.

What happens after you are charged

1. Release or bail: Many people charged after a self-defence incident are released with conditions, including no contact with the other person.
2. Disclosure: The Crown provides statements, video and medical records.
3. Building the defence: Your lawyer gathers your evidence and may present it to the Crown before trial, which can sometimes lead to a withdrawal.
4. Trial: If the case goes to trial, the Crown must disprove self-defence beyond a reasonable doubt.

Possible outcomes

What to do now

• Save any video and photographs, and ask neighbours or businesses to preserve their footage.
• Write down exactly what happened, in order, while you still remember.
• Do not contact the other person or witnesses if your conditions forbid it.

How the court judges reasonableness

The court asks whether your response was reasonable from the point of view of a reasonable person in your situation, with your size, age, history and knowledge. Courts also recognize that people under attack must make quick decisions, so they do not expect perfect judgment. A response does not fail simply because, in hindsight, a smaller amount of force might have worked.

Self-defence at home

Many self-defence cases happen inside a home, often late at night. A person woken by an intruder may reasonably grab whatever is nearby. The same reasonableness test applies, but the setting, the fear involved and the lack of a safe way out are all part of the circumstances the court considers.

Effects beyond the case

Even when self-defence succeeds, a charge can bring release conditions, time away from home and stress for months. If you are convicted, the consequences include a criminal record, a possible weapons ban and immigration risk for permanent residents, because assault with a weapon carries a 10-year maximum.

Statements to police

After a self-defence incident, many people want to explain to police exactly what happened. However, statements made in a stressful moment can be incomplete or misunderstood, and they can later be used to challenge your account at trial. It is usually wiser to say that you want to speak to a lawyer before giving any detailed statement.

How we can help

We can gather the evidence that shows why you acted as you did, and present self-defence to the Crown or at trial. Call (647) 223-1980 for a free consultation.

Frequently asked questions