LAWS 2302 Chapter Notes - Chapter 7.1.4: New Trial, Oldman River
25 Mar 2016
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Defence of property: if the property is personal under section 38, then you have the right to prevent someone from taking it or take it back, if you do not strike or cause bodily harm to the trespasser. If trespasser is deemed to commit an unprovoked assault your actions are covered by self-defence. If someone breaks into your house, you may use as much force as necessary to remove that person (section 40-41): v. born with a tooth. The accused, a member of the peigan indian band, was charged and convicted of various offences including obstruction of peace officers, possession of a firearm for a dangerous purpose, pointing a rifle and assaulting peace officers. The accused relied on a defence of property under s. 41(1) of the criminal code, r. s. c. The incident occurred on the banks of the oldman river where it flows through the.
