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Posts Tagged ‘claim of right’

I was just talking yesterday with someone about some interesting provisions in the Canada’s Criminal Code, included from a bygone era, where the purpose of criminal law was really appreciated and codified, of fundamentally protecting individual freedom, versus making the state supreme.

One of them I was aware of going all the way back to 2009, from the work of Robert Menard, and it turns out that it had actually been repealed in 2012.

Here it was before repeal, in Section 39:

Defence with claim of right

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

Defence without claim of right

(2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the 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.

And here is what the 2012 repeal legislation said:

39 [Repealed, 2012, c. 9, s. 2]

More on the significance and other interesting current and former provisions in a future post.

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