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Justice committee If you could be a little more specific, that would help me.
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee Yes.
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee There certainly are cases in which the violent past of an attacker can be admitted in trial if that makes it more likely than not that a person's perception that he was about to be attacked was reasonable in the circumstances. The admissibility of that type of evidence depends a
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee You've hit on one of the most interesting and difficult aspects of self-defence, which is the degree to which the personal characteristics of the accused can be attributed to the reasonable person when we're looking at the reasonableness of the accused's actions. Many of the acc
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee If you open up a dictionary and look at the definition of proportionality, it really speaks to a direct and limited relationship between two separate things. This is where these two things are proportional to each other. It doesn't allow for plus or minus five degrees or ten degr
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee That's a good question. I don't think there's very much of a difference between those concepts. In fact I think much of the jurisprudence that deals with citizen's arrest when it comes to the core issues of “finds committing” and the nature of the offences and so on...the jurispr
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee Yes.
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee I don't think we would really be in a position to say what the outcome of the case would have been.
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee It would depend on the evidence that was available to be admitted during the trial. But certainly if one were to apply what's proposed to be the new law of self-defence here, the first question would be, did he have a reasonable perception that he was about to be attacked? That
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee That’s also an interesting idea. Section 494 may pose a problem in that regard. It states the following: “may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.” Let's apply that, for instance, to a situation where a wa
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee Let’s take into consideration the three elements of self-defence. The first element requires the person to believe, on reasonable grounds, that they are under threat and that force must be used. That is both an objective and a subjective element. The subjective aspect—what the p
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee I don’t think that’s the case for the three elements that define self-defence. As for the factors the court can consider, they are defined objectively. However, when deciding what is reasonable in the circumstances, the court or jury may take into account the person’s subjective
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee Thank you for the opportunity to provide some additional information on just a few specific issues that were raised during the testimony of witnesses you heard over the last few weeks. In relation to the use of technology and the citizen's arrest power, questions have been asked
March 6th, 2012Committee meeting
Joanne Klineberg
Justice committee That's a very valid point. It's a neat little problem to solve from a legislative drafting perspective. It seems to be that oftentimes in the code we do use the language of “the act that constitutes the offence”, even in circumstances where ultimately it's not an offence for whic
February 7th, 2012Committee meeting
Joanne Klineberg
Justice committee Right. I can add a little more detail. You're exactly right that section 38, one of the defences for protection of movable property, doesn't allow very much force to be used to defend that possession. But section 39 is another defence that exists for a person to use to defend
February 7th, 2012Committee meeting
Joanne Klineberg