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Old 04-02-2009, 05:37 PM
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denpacc denpacc is offline
 
Join Date: Dec 2008
Location: Calgary, Canada
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Quote:
Originally Posted by Rackmastr View Post
For anyone who wants it....you can see that almost all property laws under the Criminal Code allow people to use as much force as is necessary to prevent a trespasser or a theft from taking place. Protection of property is pretty well laid out, and it spells out that a person may use as much force as is necessary.

Enjoy.....

38. (1) Every one who is in peaceable possession of a personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or
(b) in taking it from a trespasser who has taken it,
if he does not strike or cause bodily harm to the trespasser.
(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

(2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

2. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

(2) Where a person

(a) not having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.
(3) Where a person

(a) having peaceable possession of a dwelling-house or real property under a claim of right, or
(b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,
assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shalled be deemed to be provoked by the person who is entering.
Doesn't 38. 1 (b) "...if he does not strike or cause bodily harm to the trespasser." contradict what you just said about using as much force as necessary? Or am I totally misinterpreting what it states?

Cheers
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