Are you legally allowed to use a knife for self-defence in Ontario?

[ludano17]

I just got beat up for the third time this year (2012) by completely random people for absolutely no legitimate reason (and the cops do not seem to have the legal right to do anything about it ever, for some reason). This time, like once before, I thought my life was in danger because I was downed and three guys were consistently attacking me, but I managed to get up and flee the scene (luckily).

If I were carrying a knife that I own, and it was 100% legal to carry (like a pocket knife or something), but I had no commercial reason to carry it (I'm not a carpenter, or anything--I am a student), could I legally use it in self-defence if, god forbid, the same situation were to repeat. And I do specifically mean: could I kill a person with my knife if I thought my life were in jeopardy at that very moment (obviously I would have to have bruises/injuries to prove it)?

Every time I've been beat up, it was from people clearly on drugs (so there was no reasoning with them), I was out numbered, and it might have been because I was simply walking by the wrong place at the wrong time.


[If possible, could you cite a legal source where I can read your proof for reasoning--I don't want people's personal opinion. This is SERIOUS]

[hampton83]

z

[elkanah1]

z

Is there a right time to be in the wrong place? And where do you go that results in you getting beaten up? Seems to me there is more to this story than what you are tellling us.

Anyway, if your life is in danger, then you are justified in using deadly force to defend yourself. However, if you are not being attacked with a weapon, then a court might find that your use of a weapon is not justified. Here is a quote from section 34 of the Criminal Code:

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

[cleirach70]

Section 34 of the Criminal Code of Canda states that:

34 (1) Everyone who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary tn o enable him to defend himself

34 (2) Everyone who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was orginally made or with which the assailant pursues his purposes and
b) he believes on reasonable grounds that he cannot otherwise preserve himself from death or grievous bodily harm

Long story short, no you legally cannot use a pocket knife to defend yourself because you are using more force then necessary to defend yourself, they are using their fists and you have a weapon unfair advantage goes to you. If you use a knife and you do kill these individuals, it will be you that gets charged with "2nd degree murder", it's second degree because you would have the intent to kill them in the heat of the moment. Keep in mind 2nd degree murder carries a mandatory life sentence with no parole for at least 10 years.

However, if they assault you and you fight back using your fists and they are either injured or die then you are free of any legal liability because you have reasonable grounds to believe you will suffer bodily harm.