self-defence
Broadening the Scope of Self-defence: Accused’s “Role in the Incident” in R v Khill
For many people, self-defence means a person was desperate, in a kill-or-be-killed situation, and makes a split-second choice to save their own life. After R. v. Khill, 2021 SCC 37 (“Khill”), we know that’s not quite right. An accused's role may be broad, made up of any conduct that shows whether they acted reasonably—not just […]
R v Khill: Jury Instructions and Assessing Reasonableness for the Defence of Self-Defense
In the case of R v Khill, 2020 ONCA 151 [Khill], Mr. Khill was initially found not guilty of second-degree murder in 2018 for fatally shooting Mr. Styres, an Indigenous man, in 2016. However, the Crown appealed the verdict, and the Court of Appeal overturned the decision on the basis that the trial judge failed […]
R v RS: Considering Lived Realities in Self-Defence Claims
If an individual is hit in the head with a baseball bat and subsequently shoots and kills his attacker, were they acting in self-defence? What if the individual fired four shots in less than five seconds and did not know his attacker was running away? The Ontario Court of Appeal (“ONCA”) recently considered these facts […]
The Paradox of Certainty: Retrospective Application of New Self-Defence Provisions in R v Evans
Courts have often struggled to interpret the application of newly enacted law on events that occurred prior to the law’s enactment. The British Columbia Court of Appeal (“BCCA”) tackled the interpretation of retrospective application in R v Evans, 2015 BCCA 46 [Evans]. This decision marks the first consideration by an appellate court on whether the […]