Self-Defense Rights in Your Home
What happens when the line between victim and perpetrator blurs in the eyes of the law? When a homeowner confronts a crossbow-wielding intruder or store employees stop a car theft, should they face criminal charges or civil lawsuits for defending themselves and their property?
Barrister Michael Mulligan unpacks the controversial legal landscape of self-defense in Canada, explaining how the 2012 amendments to the Criminal Code created a complex “reasonableness” requirement for those protecting themselves or others. This means that even when facing deadly threats in your own home, the law expects you to consider factors like the relative size, age, and gender of your attacker before responding. As Mulligan notes, “When you’re fighting for your life or to save your children, you don’t need to worry about weighing up how old this person is and what their gender is.”
The discussion extends beyond criminal liability to civil lawsuits, highlighting a case where a self-described “career criminal” is suing grocery store employees who prevented him from stealing a car, claiming they damaged his self-esteem. This mirrors Alberta’s experience, where a rancher faced legal action from a thief after firing a warning shot. The provincial response—legislation preventing “criminal trespassers” from suing unless force was “grossly disproportionate”—offers a potential model for other provinces.
The episode also examines a revealing case about Uber’s wheelchair accessibility requirements in BC. Instead of mandating accessible vehicles, the government collects a 90-cent fee per non-accessible trip—money that disappears into general revenue while wheelchair users remain unable to use the service. When one wheelchair user won a $35,000 human rights award, the BC Supreme Court overturned it, revealing the tension between regulation and actual solutions.
These cases raise fundamental questions about our legal priorities: Should we better protect those defending themselves and their property? And when regulations like Uber’s accessibility fee don’t solve the actual problem, what’s their real purpose? Listen for an eye-opening look at where our laws might be failing those they’re meant to protect.
Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.