Property defence is a legal right that Canadians have. As long as a person is not trying to commit a crime on someone else’s property, they have the right to defend their property and themselves. However, there are some circumstances where this right can be restricted. These include vandalism, theft, and possession of stolen property. A Calgary property defence attorney can help you understand these circumstances and determine how to protect yourself.
Landowners cannot shoot at someone who comes onto their property to commit a crime
The Alberta government is introducing new laws to protect landowners. The changes come after a case involving a man in Okotoks who allegedly shot a trespasser and was sued by the intruder. It has sparked debates about rural crime and property rights. Justice Minister Doug Schweitzer announced a series of measures designed to address the problem.
A trespasser is a person who comes onto a property with the intent to commit a crime. To be considered a trespasser, the person must be threatening, trespassing or attempting to commit a crime. Often, a “No Trespasser” sign will serve as a notice to trespassers. Using deadly force to stop a trespasser is a gamble. The law varies by state, but in many cases, property owners can be held liable for their actions.
Canadians have a right to defend their property or themselves
The issue of whether Canadians have a right to defend their own property or themselves was recently brought into the spotlight by two recent cases involving a homeowner charged with Alberta property offences lawyer shooting a trespasser. In both cases, the intruder was an Indigenous man, and the homeowner said that he acted in self-defence. The case prompted Stephen Harper to introduce the Lucky Moose bill to limit the possibility of citizens being arrested while acting in self-defence.
While Canadians have a right to defend themselves, their rights to use force are limited. The use of force is only legal if it is reasonable, and is necessary to prevent further harm from occurring. The use of lethal force is not legal unless the intruder poses a serious threat to one’s life or body.
Criminal charges for vandalism
If you live in Calgary and are concerned about vandalism of your property, you should contact the Calgary Police Service. In Calgary, criminal mischief charges can be brought against anyone who damages public property. These charges are more severe for vandals who target churches and religious buildings. Even part owners of the vandalized property can face criminal charges.
While vandalism may seem like a simple crime, it is a serious offense if it results in damages to property worth a lot of money. However, many vandalism acts are misdemeanors and the maximum penalties are fines and a year or two in a local jail. However, if you cause substantial damage to a valuable property, you are charged with a felony and face a prison sentence of one to 10 years, as well as hefty fines.
Criminal charges for possession of stolen property
Possession of stolen property is a serious crime in Canada. Even if you are not the perpetrator, you are still responsible for the theft if you possess stolen property. In many cases, it’s possible to be in possession of stolen property without realizing it. This can be true if you have the item, but are storing it elsewhere. If you are accused of possessing stolen property, it’s important to hire an experienced criminal defense lawyer in Calgary.
In a recent case, Calgary police laid 87 charges against four people after investigating several break-ins in the city. The investigation led to the discovery of more than $200k in stolen property and the seizure of three vehicles and homes. Among the items seized were a pair of construction machines worth more than $170,000, two flat-bed trailers worth $26,000, a Ford F350 pickup truck, a snowmobile, and three cellular phones.