Criminal Code

Version of section 34 from 2003-01-01 to 2013-03-10:

Marginal note:Self-defence against unprovoked assault
  •  (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.

  • Marginal note:Extent of justification

    (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causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and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.

  • R.S., 1985, c. C-46, s. 34;
  • 1992, c. 1, s. 60(F).
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