LA LEGITIME DEFENSE EN DROIT PENAL CANADIEN : ANATOMIE D'UN MOYEN DE DEFENSE

Abstract

In this article, the author provides an in-depth analysis of rules governing self-defence in Canada. In addition to updating applicable self-defence law, the author questions the consistency of sections 34, 35 and 37 of the Criminal Code. In particular, the author suggests an innovative interpretation of section 34(2) that neutralises the defence of necessity argument in cases where the initial assailant is the cause of the victim’s act of self-defence.