The belief in the right to self-defence – and the legal limits of a reasonable response

In 2011, on the federal election campaign trial, Stephen Harper’s Conservatives promised Canadians “the right to defend their property.” The next year, after his party won a majority government, Mr. Harper rewrote Canada’s law on self-defence.

The previous version, dating back to the Liberals in 2003, stated that anyone who is unlawfully assaulted, without provocation, was “justified in repelling force by force” – but no more than necessary. The response also could not be intended to cause death or grievous bodily harm.

Mr. Harper’s version, in the current Criminal Code, is more permissive: If a person reasonably believes force is being used against them or another person, or if they believe there’s the threat of force, their response is legal as long as it is “reasonable in the circumstances.”