Under Section 34 of the Criminal Code of Canada, a valid self-defence claim in London requires proving three elements: you faced a reasonable threat of force, your actions were purely defensive, and the physical force you used was proportionate and reasonable under the circumstances.
When you are backed into a corner and forced to protect yourself, the last thing on your mind is the legal fallout. However, if the London Police Service arrives at the scene of an altercation, they often lay assault charges against anyone involved. Navigating the aftermath means proving to the court that you were the victim, not the aggressor.
Canadian law does not give you a “free pass” to use limitless violence just because someone started a fight. Self-defence is a complex legal argument that requires careful preparation. Whether the incident happened at a bar on Richmond Row or on your own property, understanding how the Ontario Court of Justice evaluates your actions is critical to securing your freedom.
Step-by-Step Process in London
Proving self-defence is not as simple as telling the judge “they hit me first.” Your criminal defence lawyer must systematically prove that your actions met the strict criteria of the Criminal Code. 📋
Step 1: Establish the Threat of Force
First, your lawyer must demonstrate that you reasonably believed force was being used against you, or that a threat of force was imminent. This involves reviewing police disclosure, witness statements, and security camera footage to show the judge that the other person was the clear aggressor.
Step 2: Prove Your Defensive Purpose
The law requires that your actions were taken specifically to defend or protect yourself, your family, or your property from that threat. If the evidence shows you acted out of anger, revenge, or a desire to “teach them a lesson” after the initial threat had passed, your self-defence claim will likely fail.
Step 3: Demonstrate Proportionality and Reasonableness
This is the hardest element to prove. The force you used must be proportionate to the threat. For example, if someone shoves you, you cannot legally respond by hitting them with a baseball bat. The court at 80 Dundas Street will look at the size difference between you and the attacker, whether weapons were involved, and if you had a safe route to escape. ▲️
Step 4: Present the Defence at Trial
Self-defence is an “affirmative defence,” meaning it is typically argued during a full trial. Your lawyer will cross-examine the “victim” to expose their aggression and may present medical records showing the injuries you sustained, proving that your defensive response was absolutely necessary.
Evaluating “Reasonableness” in Court
When deciding if your self-defence was legal, the judge evaluates several factors. Here is how the court views common scenarios:
| Factor Evaluated | Favours Self-Defence | Hurts Self-Defence |
|---|---|---|
| Imminence of Danger | The attack was happening right in that moment. | You tracked the person down hours later. |
| Proportionality | You pushed them away to escape. | You continued striking them after they were knocked out. |
| Use of Weapons | You used bare hands against a bare-handed attacker. | You escalated a fistfight by pulling a knife. |
| History of Parties | The attacker had a known history of violence against you. | You provoked the confrontation. |
How Much Does it Cost in London?
Because arguing self-defence almost always requires a full trial rather than an early guilty plea, the legal fees are substantial. Expect the following costs in Canadian dollars (CAD):
- Initial Retainer and Pre-Trials: Securing a defence lawyer and handling the preliminary court appearances generally costs between $3,000 and $5,000 CAD.
- Trial Preparation and Execution: Running a complete trial at the London courthouse to prove self-defence usually costs between $6,000 and $15,000 CAD, depending on the severity of the assault charge (e.g., simple assault vs. aggravated assault).
- Expert Witnesses: If you need a medical expert to testify about the nature of your injuries, expect an additional $2,000 to $5,000 CAD.
How Long Does the Process Take?
Fighting an assault charge at trial is a lengthy process. Gathering all the disclosure from the London Police Service and holding Crown pre-trials takes about 4 to 6 months. Securing a trial date at the busy Ontario Court of Justice will push your timeline to roughly 12 to 18 months from the date of your arrest. ⏱
Frequently Asked Questions (FAQ)
Do I have a “duty to retreat” in Canada?
Canada does not have a strict “stand your ground” law, but there is no absolute duty to retreat if you are attacked, especially in your own home. However, whether you could have safely walked away is a major factor the judge will consider when evaluating if your use of force was reasonable.
Can I use force to protect my property?
Yes, Section 35 of the Criminal Code allows you to use reasonable force to prevent someone from taking or damaging your property. However, you cannot use lethal force or cause severe bodily harm merely to protect an object.
What if I accidentally used too much force?
Canadian courts recognize that you cannot “weigh to a nicety” the exact amount of force needed in the heat of a terrifying moment. If your reaction was generally reasonable given the adrenaline and fear, the self-defence claim may still succeed.
Will the police believe my self-defence story at the scene?
Often, they will not. The London Police Service usually arrests whoever appears to be the winner of the fight or whoever caused the most visible injury. Do not try to argue with the police; invoke your right to silence and let your lawyer argue self-defence in court.
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