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Thursday, January 24, 2008

The Absurdity of the Canadian Criminal Code

I must apologize for the following content. I know that Spazoid's Space is supposed to be a humour blog, but there is something I must get off my chest.

How would you answer the following statement?

If someone breaks into your home, and you do what it takes to protect your family and yourself, does that make you a criminal?

I answer NO.

The American government answers NO.

The Canadian government answers:

YES.

In Canada, if someone breaks into your home and you take preventative action to ensure the safety of your loved ones, before the CRIMINAL who illegally and forcibly entered your home has the opportunity to cause harm, you are a criminal and you go to jail. For a very long time.

The Canadian Criminal code is exceptionally lenient towards violent offenders, especially first time violent offenders, in the hopes that they can be rehabilitated quickly. Canadian law states that you cannot take action above what an attacker is taking to subdue him. If someone pushes you down on the street, you cannot do more than push him back. If he punches you, you can only punch him back - once. If he stabs you in the gut, you can take higher action to protect yourself - only if he's already stabbed you, if you aren't laying in the ditch bleeding, that is. Even then, if you manage to hurt him to stop his attack on yourself and possibly others, after you are done your hospital stay (should you survive) you will be sitting in the defendants chair in a Canadian courtroom.

This applies to any situation, including in your own home.

This means that in the past, people have been doing nothing more than trying to protect themselves have gone to prison as criminals. Doesn't that make you sick? I know it really angers me.

I especially have a problem with this as it applies to the breaking and entering of your home.

I recognize that most people who do this are only looking to steal things to make money. They target homes when they know people aren't home. They don't carry weapons, and usually a simple HEY! will send them packing.

That's not the situation every time.

If you catch someone breaking into your home, you have to assume his intent is hostile. Why else would he forcibly enter your home? You don't know if he has a weapon, what his intent is, if he'll do anything to get your stuff to sell for his next crack fix, if he's thinking clearly or not.

How long do you have to decide how to act if someone breaks into your home?

The answer is just a split second.

You can't ascertain if he wants to steal something, if he wants to rape your wife or daughter, if he's high on something and thinks he's Harry Potter come to save the world by killing the evil wizard, YOU, in his mind. You just don't know. You do know that his intent is NOT good. When someone forces their way into your home, their intent is CRIMINAL right off the hop.

About a decade ago in my county, a drunk man entered someones home in the middle of the night carrying a knife. He wandered around, found their teen aged daughters bedroom, stabbed her in the stomach, and left.

Had the house owner found this man before he got to the daughters bedroom, knife in hand, and shot him or beat him to submission with a baseball bat, according to Canadian law the house owner would be serving a decade or two for manslaughter. The criminal would be walking the streets in months.

We need to treat criminals as criminals and victims as victims. If you need to take action to ensure your families safety in a home invasion that results in the injury or death of the person breaking in, YOU are STILL the VICTIM and he is STILL the CRIMINAL.

We MUST allow taxpaying and law abiding citizens to reasonably protect themselves from criminals. We MUST change the law. We must recognize intent and appropriate action, and we must understand the circumstances involving a break in.

Please do not misunderstand me. I'm not lobbying for a gun in every house hold, or the right to kill someone unchecked should they enter your property without permission. I'm asking that we do not make victims criminals, and allow house owners reasonable opportunity to protect themselves and their families without the concern of spending time in jail. I'm asking for Canadians to be able to act properly without freezing in confusion, in worry that their protective actions will make them a criminal.

It's time for us law abiding Canadian taxpayers to take action. We must be able to not worry about protecting our loved ones, and the consequences from the government for doing so. Can you imagine a family with a dead child, and a husband in jail for life, while the real criminal walks the streets?

What kind of justice is that?

I call on all concerned Canadians to tackle our overly liberal and lax attitude towards protecting the wrong and punishing the victims. I call for everyone who is concerned to write letters to their MP's. Bombard them. Make them see that we will not be made victims of any more. Show them that we are proud of what we worked for an will not allow criminals and our own government to push us in the mud.

For the sake of our loved ones, we need to be able to protect them without fear of unjust reprisal from the government!

Thank you to all who would listen. If you are Canadian and concerned, please forward this short article to all you think would benefit from it.

14 keen observations:

Still Single! said...

I am not canadian as you already know, But I really feel you on this. Because if someone breaks in your house here and tries anything we can use whatever method available to stop him/her if we are fearing for our own life/ or loved ones lives.. as long as they are INSIDE our home We can act!

Again, I feel ya!
Ne.

moooooog35 said...

Your criminal laws may suck worse, but you have hotter strippers.

You take the good...you take the bad...

Mike said...

Still Single - That's what I'm talking about!

Mooooooog - dood, I don't know what the strippers look like where you're from, but if they're worse than in my little town - they're men.

Are you watching men take their clothes off?

Gross.

tanninety said...

That is so ass backwards. I wasn't aware of that Mike. One must be a goat fncker to even come up with a logic to jail the victim of a break in.

Jay Cam said...

wow thats seriously messed up! i'm sure someone would change that law if somebody broke into the prime ministers house and stabbed his duaghter.. or dog or whatever

i'm gald i live in america!

Tequila Mockingbird said...

that's why i sleep with a baseball bat full of nails and a living room full of rabid crocodiles. keeps me safe and sound so no one can steal my porn.

Hungry Mother said...

(Not a Canadian) How in the hell does a law like that get passed? WTF? I hope that you are successful in getting it changed before more mayhem occurs.

dolphin said...

I'm not Canadian either, although I have an Uncle in Prince George (beautiful up there) ... this law is just nuts.

My partner and I have had our place broken into twice last year .. both within the same week but seemingly by different people.

Long story short, I was taking my dogs out when someone had broken into my truck. I grabbed my dog (who's very protective) and rant out yelling at this guy. (In hindsight, not my brightest moment but I was pissed) and we scared him I guess (by the size of his fear filled wide eye balls) ...

My first thought wasn't my safety .. it was the blatant violation of him entering property and taking things not belonging to him. And he then attempted to run me, my dog, and my partner over with his vehicle.

Every person has the right to protect themselves and their property .. I'm amazed Canada does not recognize this.

Sheesh

jAMiE said...

That's crazy, i had no idea...grrrr to our Canadian criminal code.

Mike said...

Tan - that's liberal law man.

Jay - Are you volunteering? :P

Hungry - yes, welcome to liberal politics, as I said to Tan.

Tequila - crocodiles? That's gotta be some intense porn. I'm reasonably sure that you like girls, so I'm going to ask you to share some ok?

Dolphin - Canada recognizes an individuals saftey irregardless of their actions. That's why if someone breaks in to your house and you protect yourself, you're the aggressor, not them in the eyes of Canadian law.

Jamie - Where are you from? I'm going to write my MP as soon as i'm able to write without anger, you should do the same.

Mimzie said...

I'm sorry, but I couldn't finish reading your post. Why? Because it pisses me off. I could never NOT try to defend myself. Isn't it just human nature?

J.H. said...

Wow! That freakin sucks. People (the victims) can potentially die if they have to think twice before reacting to someone that means them REAL harm.

You shouldn't have to choose between possible prison time and protecting what's rightfully yours.

Good luck!

Iron Pugilist said...

Actually, that's about the same with NSW law. A lady was put on trial for killing a robber.

Cyberpunk said...

excuse me but, WTF? I had no idea such a law exists anywhere.

personally, I don't believe in rehabilitation when it comes to criminals and I hate it when the rights of the criminals are considered more than the rights of the victims...

I hope this criminal code gets amended real soon.