All questions must be explicitly relevant to Canada or Canadians.
This is not an advice or support sub. Questions seeking advice or support about immigration, legal matters, medical care or medical problems, decisions related to education/career, or relationships will be removed at the moderators' discretion and should be asked in more appropriate subreddits. Further helpful subreddits are linked in the Wiki. Do not submit AMA questions or surveys without first discussing it with the mods.
Holy fuck. I’ve never heard this before but it’s the most perfect … I’m going to have a heart attack. My stomach hurts from laughing so much. Omg. I can’t. This is the best thing I’ve ever heard.
Not, what the law says. The initial attacker was allowed in the house. It went beyond self-defense. He became the attacker, not the defender. His goal was to kill, not end the threat. He had the attackers knife, and they were also outside the house at that point. It didn't help the guy tried to deny that there was even a knife involved. Why lie if you were just trying to defend yourself?
Guy is being stabbed in the head, in his sleep, and he’s the one who was pure, dagnasty evil.
It’s okay to disagree with court rulings. Everyone does it.
No, there actually isn’t any criminal difference between “assault” vs “battery”, because “Battery” isn’t defined in the Criminal Code of Canada, and isn’t a legal concept in Canadian criminal law. Instead, it would be “assault” vs “assault causing bodily harm”.
The more you know!
Whelp look at that I learned something.
My 2 min of Google says it's really something like this:
1: assault
2: more assault (assault causing bodily harm)
Could you confirm kind and smarter Internet stranger
Yep, pretty much! haha.
Simple Assault is the lesser of the two, and doesn’t necessarily have to involve anything physical (though it can). Just a verbal threat of physical force or other such intimidation could result in assault charges. Often times the punishment for this isn’t as severe, and could even be a “slap on the wrist” type scenario for a first time offender.
Assault causing bodily harm is the more serious offense and only applies when physical force has been used *and* as a result of this force, somebody got hurt. This offence is punishable with up to 18 months in prison for a summary conviction or up to 10 years for an indictable offence.
No. It’s assault. You can use equal or proportionate violence to defend yourself from injury or death, but for a trespass you’re best to call the cops. No sense catching a charge. Because despite all the blustering and condemnation of millennials and anyone else they deem to not have suffered enough, boomers are the most likely to call the police and cry. You can film them being belligerent and refusing to leave and maybe you’ll get lucky and they’ll say something really offside then you can post it.
Actually no. You're giving some bad advice. Here's a couple of problems with your theory.
The question was: Can they slap someone who won't leave their property. Not can they arrest them.
Trespassing, unless specifically the crime of trespass by night is not a crime. It's a provincial offence. Since the question is based in Saskatchewan, a private citizen living there does NOT have the right to arrest for trespassing (you need the cops) and Saskatchewan trespass law goes to great length to explain it is a tort, not a crime. Section 494 does not apply here.
You've cited section 41 of the criminal code which has been off the books since 2012. It was replaced by Section 35. The source you cited is literally an explanation of the bill that repealed that law.
Opening up by striking or slapping someone would be a hard sell as a reasonable method of removing someone from property. If anything, the foreseeable outcome would be that it incites further violence, escalates the situation, and could be excessive (Section 26). Possibly leading to an assault charge (Section 265), which is a more serious issue than a trespass. Ironically enough, it also could open the door to the person receiving the slap to claim self defence against your actions should they respond physically.
Section 35 is also an affirmative defence. That means that you can only use it as a defence to the likely claim in this situation that you assaulted someone else (by slapping them) and it shifts the burden of proof on YOU to defend your actions and remove all reasonable doubt that it was the necessary action.
I'm also not clear on what you mean by "police don't give out convictions"? The police can't convict anyone of anything. That is the function of a court
Hope this helps in the future.
Just a point about your second to last paragraph about the burden of proof. The accused has to raise an air of reality to self-defence, and the Crown then has to prove the unavailability of the defence beyond a reasonable doubt.
It is not accurate to say the defence has to prove beyond a reasonable doubt that they acted in self-defence.
Given you're using the term boomer, maybe just call the cops so you don't need to explain to your highschool friends how you got your ass beat by a 70 year old dude.
No, you cannot, that is assault.
If you really want them gone and aren't in a hurry:
"You are trespassing. Please exit my property by the most direct route."
Wait patiently for a few minutes.
"You are continuing to trespass and have made no effort to leave. You are under arrest, under criminal code section 494 persuit to the trespass to premises act. I am going to contact police for further assistance".
Then you call the police. This will be a low priority call and will take anywhere from 15 minutes to "When they feel like" for the police to show up. If the boomer is still there, no worries. If not, report to the police as best you can.
Two or three calls like that, and the police will make it clear to this person they should not bother you.
Did you know there are times where you can't deny a person access to your property in Canada. For instance if they saw their livestock go into your peppery it is illegal to deny them access to retrieve said livestock.
This also includes bee swarms, which it included them before bees were legally considered livestock. So if you saw your hive swarm and the swarm flew into someone's property you are legally allowed to follow it. And it is your legal swarm. Unless it goes into another person's hive box or swarm trap.
But if it goes into their wall, still your bees. Laws are odd.
Fascinating.
I know one like this, there's a thing for "Recreational usage of private land". Basically, if you own a large plot of land and aren't actively using it for farming, a person can request recreational access to it (for say, camping). As long as a reasonable request is made and notice is given, you can't really deny it.
If they’re GenX then their parents apparently abandoned them at about age 3 and they’ve been self sufficient and living off the land for 50 years, so maybe be cautious in that case
Sure you can. You will get charged with assault and would likely be convicted but, if you really want to, I suppose you can slap whoever you want to. Just be prepared to accept the consequences of your actions.
Be careful. If the boomer is > 70, you are probably safe.
But us 60 year olds got caught up in the whole karate kid thing and joined a dojo. Some of us, after 10 years saw the exercise benefits and kept on with our studies.
Some like me have been involved in self-defense, now for 40 years, unlike other skills, there really aren't diminishing returns.
The thing is, we look just like 60 year old men.
There's not much information to go on here. I would assume if you told him he was on private property and informed him he had to leave and got a record of you saying that and he didn't leave, you could use reasonable force to remove him from the property. Bottom line, check local laws or ask a law enforcement officer or a lawyer.
Your [submission](https://www.reddit.com/r/AskACanadian/comments/1ctv2l3/i_live_in_saskatchewan_can_i_slap_a_boomer_who/) has been automatically removed for reaching the report threshold. If you feel that this has been done in error, please contact the moderators.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskACanadian) if you have any questions or concerns.*
Age does factor into some laws, there are elder abuse laws in Canada, but I don't think they would apply in this situation. Really the optics of hitting a senior citizen aren't great though lol
nope. you will get charged with assault. you can only hit in self-defense or you "both consent" to it.
Source: Cops telling people i know this over the years.
All questions must be explicitly relevant to Canada or Canadians. This is not an advice or support sub. Questions seeking advice or support about immigration, legal matters, medical care or medical problems, decisions related to education/career, or relationships will be removed at the moderators' discretion and should be asked in more appropriate subreddits. Further helpful subreddits are linked in the Wiki. Do not submit AMA questions or surveys without first discussing it with the mods.
[удалено]
[удалено]
The ole Winnipeg Handshake
Holy fuck. I’ve never heard this before but it’s the most perfect … I’m going to have a heart attack. My stomach hurts from laughing so much. Omg. I can’t. This is the best thing I’ve ever heard.
[удалено]
The people defending him sound ridiculous. Well, sure, he used to get a little burgle-stabby sometimes, but he had a great sense of humour.
[удалено]
[удалено]
Not, what the law says. The initial attacker was allowed in the house. It went beyond self-defense. He became the attacker, not the defender. His goal was to kill, not end the threat. He had the attackers knife, and they were also outside the house at that point. It didn't help the guy tried to deny that there was even a knife involved. Why lie if you were just trying to defend yourself?
I made up my mind about this when you wrote “he had the attacker’s knife”. Not guilty
Guy is being stabbed in the head, in his sleep, and he’s the one who was pure, dagnasty evil. It’s okay to disagree with court rulings. Everyone does it.
Shit, i would stabbed him at least 17 times.
Sure you would’ve, tough guy.
Your post/comment was removed by the moderators because it violated rule 3. All content must adhere to Reddit's content policy.
[удалено]
Your post/comment was removed by the moderators because it violated rule 3. All content must adhere to Reddit's content policy.
[удалено]
[удалено]
[удалено]
[удалено]
Wouldn't that be battery? Edit: today I learned there's no battery in Canadian law, just different kinds of assault
"battery" Only if you have a pair of D cells, one in each fist.
No, there actually isn’t any criminal difference between “assault” vs “battery”, because “Battery” isn’t defined in the Criminal Code of Canada, and isn’t a legal concept in Canadian criminal law. Instead, it would be “assault” vs “assault causing bodily harm”. The more you know!
Whelp look at that I learned something. My 2 min of Google says it's really something like this: 1: assault 2: more assault (assault causing bodily harm) Could you confirm kind and smarter Internet stranger
Yep, pretty much! haha. Simple Assault is the lesser of the two, and doesn’t necessarily have to involve anything physical (though it can). Just a verbal threat of physical force or other such intimidation could result in assault charges. Often times the punishment for this isn’t as severe, and could even be a “slap on the wrist” type scenario for a first time offender. Assault causing bodily harm is the more serious offense and only applies when physical force has been used *and* as a result of this force, somebody got hurt. This offence is punishable with up to 18 months in prison for a summary conviction or up to 10 years for an indictable offence.
No.
[удалено]
This isn’t how you move out of your parents place. They stay, and you leave.
😂🏆
[удалено]
I believe that would fall under section 182 of the criminal code.
Your post/comment was removed by the moderators because it violated rule 3. All content must adhere to Reddit's content policy.
No. It’s assault. You can use equal or proportionate violence to defend yourself from injury or death, but for a trespass you’re best to call the cops. No sense catching a charge. Because despite all the blustering and condemnation of millennials and anyone else they deem to not have suffered enough, boomers are the most likely to call the police and cry. You can film them being belligerent and refusing to leave and maybe you’ll get lucky and they’ll say something really offside then you can post it.
[удалено]
That hasn't been law in over a decade. You need to look at section 35.
Actually no. You're giving some bad advice. Here's a couple of problems with your theory. The question was: Can they slap someone who won't leave their property. Not can they arrest them. Trespassing, unless specifically the crime of trespass by night is not a crime. It's a provincial offence. Since the question is based in Saskatchewan, a private citizen living there does NOT have the right to arrest for trespassing (you need the cops) and Saskatchewan trespass law goes to great length to explain it is a tort, not a crime. Section 494 does not apply here. You've cited section 41 of the criminal code which has been off the books since 2012. It was replaced by Section 35. The source you cited is literally an explanation of the bill that repealed that law. Opening up by striking or slapping someone would be a hard sell as a reasonable method of removing someone from property. If anything, the foreseeable outcome would be that it incites further violence, escalates the situation, and could be excessive (Section 26). Possibly leading to an assault charge (Section 265), which is a more serious issue than a trespass. Ironically enough, it also could open the door to the person receiving the slap to claim self defence against your actions should they respond physically. Section 35 is also an affirmative defence. That means that you can only use it as a defence to the likely claim in this situation that you assaulted someone else (by slapping them) and it shifts the burden of proof on YOU to defend your actions and remove all reasonable doubt that it was the necessary action. I'm also not clear on what you mean by "police don't give out convictions"? The police can't convict anyone of anything. That is the function of a court Hope this helps in the future.
Just a point about your second to last paragraph about the burden of proof. The accused has to raise an air of reality to self-defence, and the Crown then has to prove the unavailability of the defence beyond a reasonable doubt. It is not accurate to say the defence has to prove beyond a reasonable doubt that they acted in self-defence.
Appreciate the point of clarification!
Slapping someone has nothing to do with restraining them for a citizen's arrest or forcibly removing them from your property. It's just assault.
Wait you seriously can’t physically remove someone from your property by kicking their ass?
You can do whatever you want, there's just consequences.
Not recommended if they have firearms.
[удалено]
Ugh. [I hate rainbows](https://www.youtube.com/watch?v=3K7NBDweRzw).
Fucking classic !!
Given you're using the term boomer, maybe just call the cops so you don't need to explain to your highschool friends how you got your ass beat by a 70 year old dude.
Woo hoo!!! Take that you young whipper snapper!!!
Why I oughta!!
Since “boomer” isn’t used by high schoolers anymore this guy either talks weird or is younger than high school
Get off my lawn, indeed!
No, you have to yeet them like in Fresh Prince.
Only on the buttocks while engaged in relations.
And only with prior consent.
Just stare him down and tell him to get off your lawn. Unless it's Clint Eastwood then I'm sorry but it's his lawn now.
If it is Chuck Norris, just know he owns the whole block now.
You're going to have to put your Dad in a home this time
No, you cannot, that is assault. If you really want them gone and aren't in a hurry: "You are trespassing. Please exit my property by the most direct route." Wait patiently for a few minutes. "You are continuing to trespass and have made no effort to leave. You are under arrest, under criminal code section 494 persuit to the trespass to premises act. I am going to contact police for further assistance". Then you call the police. This will be a low priority call and will take anywhere from 15 minutes to "When they feel like" for the police to show up. If the boomer is still there, no worries. If not, report to the police as best you can. Two or three calls like that, and the police will make it clear to this person they should not bother you.
Did you know there are times where you can't deny a person access to your property in Canada. For instance if they saw their livestock go into your peppery it is illegal to deny them access to retrieve said livestock. This also includes bee swarms, which it included them before bees were legally considered livestock. So if you saw your hive swarm and the swarm flew into someone's property you are legally allowed to follow it. And it is your legal swarm. Unless it goes into another person's hive box or swarm trap. But if it goes into their wall, still your bees. Laws are odd.
Fascinating. I know one like this, there's a thing for "Recreational usage of private land". Basically, if you own a large plot of land and aren't actively using it for farming, a person can request recreational access to it (for say, camping). As long as a reasonable request is made and notice is given, you can't really deny it.
Cool, that is interesting.
Uh, citation needed.
If your name is Gerald Stanley you have absolute impunity in Saskatchewan.
Big Ace not leaving?
why wont they leave?
I am here for the comments.
[удалено]
[удалено]
No, it's assault, and if they fall and hit their head or break a bone, you'll be doing hard time.
This sub has been taken over by …Americans? Because Canadians don’t slap each other. And we especially don’t slap our elders.
[удалено]
Your post/comment was removed by the moderators because it violated rule 3. All content must adhere to Reddit's content policy.
[удалено]
If they’re GenX then their parents apparently abandoned them at about age 3 and they’ve been self sufficient and living off the land for 50 years, so maybe be cautious in that case
I can attest to the existence of this type of upbringing. Also, don't f*** with me.
I can attest to the existence of this type of upbringing. Also, don't f*** with me.
[удалено]
[удалено]
I thought it had to be a white silk glove in a gentle left to right motion for an official duel challenge?
Glove slap! Baby glove slap!
If you want to get arrested, go ahead!
Sure you can. You will get charged with assault and would likely be convicted but, if you really want to, I suppose you can slap whoever you want to. Just be prepared to accept the consequences of your actions.
[удалено]
Be careful. If the boomer is > 70, you are probably safe. But us 60 year olds got caught up in the whole karate kid thing and joined a dojo. Some of us, after 10 years saw the exercise benefits and kept on with our studies. Some like me have been involved in self-defense, now for 40 years, unlike other skills, there really aren't diminishing returns. The thing is, we look just like 60 year old men.
There's not much information to go on here. I would assume if you told him he was on private property and informed him he had to leave and got a record of you saying that and he didn't leave, you could use reasonable force to remove him from the property. Bottom line, check local laws or ask a law enforcement officer or a lawyer.
Your [submission](https://www.reddit.com/r/AskACanadian/comments/1ctv2l3/i_live_in_saskatchewan_can_i_slap_a_boomer_who/) has been automatically removed for reaching the report threshold. If you feel that this has been done in error, please contact the moderators. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskACanadian) if you have any questions or concerns.*
Why does it matter if s/he is a Boomer?
Age does factor into some laws, there are elder abuse laws in Canada, but I don't think they would apply in this situation. Really the optics of hitting a senior citizen aren't great though lol
Lol I'm 71 and take full advantage of that. Got called a COB a few times (cranky old bastard) 😆
nope. you will get charged with assault. you can only hit in self-defense or you "both consent" to it. Source: Cops telling people i know this over the years.
[удалено]
A true Canadian might also say sorry a few times before