Government of Canada / Gouvernement du Canada
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Criminal Code

Version of section 38 from 2003-01-01 to 2013-03-10:

Marginal note:Defence of personal property

  •  (1) Every one who is in peaceable possession of 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.

  • Marginal note:Assault by 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.

  • R.S., c. C-34, s. 38

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