Posts Tagged ‘Defence Department’

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was aware of going all the way back to 2009, from the work of Robert Menard, and it turns out that it had actually been repealed in 2012.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39 [Repealed, 2012, c. 9, s. 2]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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Canadian flag outside the Maritime Museum of t...

From Canada’s national broadcaster, the CBC, here’s another reason why Canada continues to surpass the United States in economic freedom for four straight years, according to the conservative Heritage Foundation, and overall freedom, in better adhering to the principles of the U.S. Constitution than the United States itself, as I had noted in my recent interview with Doug Newberry:

Internal Defence Department reports show total spending on foreign deployments could to drop to just $5 million in the 2014-15 fiscal year from the current anticipated level of $476 million.

The figures are contained in a June 1, 2012 financial report by the Department’s assistant deputy minister of finance. The report was obtained by The Canadian Press under the Access to Information Act.

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