INTRODUCTION AND BRIEF DESCRIPTION
This section prohibits causing harm to others, obstructing justice, and violating sexual integrity.
SECTION WORDING
25.1(11) Nothing in this section justifies (a) the intentional or criminally negligent causing of death or bodily harm to another person; (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or (c) conduct that would violate the sexual integrity of an individual.
EXPLANATION
Section 25.1(11) of the Criminal Code of Canada is an important provision that outlines the limitations of the immunity provided to those who report criminal activity in good faith. This section lays out exceptions to the general rule that protection from liability for reporting certain offences will be granted to individuals. The provision explicitly states that the immunity provided under section 25.1 is not applicable in cases where a person intentionally or negligently causes harm or death to another person, attempts to obstruct the course of justice, or violates the sexual integrity of an individual. This means that if an individual reports criminal activity but, in doing so, intentionally or negligently causes harm or death to another person, they will not be protected by the immunity granted under section 25.1. Additionally, if a person makes a wilful attempt to obstruct justice or violates an individual's sexual integrity, they will not be immune from prosecution. Section 25.1 is an important provision that encourages individuals to report criminal activity without fear of legal repercussions. However, it is essential to note that the immunity provided under this section has limits, and it does not provide a blanket protection from criminal liability. Individuals who report crimes should do so in good faith and without any intention to cause harm or obstruct justice. If they do not meet these conditions, they may face legal consequences.
COMMENTARY
Section 25.1(11) of the Criminal Code of Canada is a crucial provision that sets the limits of what is permissible and what is not in regard to the use of force in self-defence or defence of others. It provides a clear understanding of the circumstances under which force can be used in self-defence and how far it can be taken. The section essentially states that self-defence is not a lawful justification for actions that cause bodily harm or death to another person, or that that would violate the sexual integrity of an individual. The first part of the provision states that the intentional or criminally negligent causing of death or bodily harm to another person is not justified by this section. This means that if a person uses excessive force, i.e., more than what is necessary to protect themselves or another person, they are committing a criminal offence. The use of deadly force is only permissible if it is necessary to protect oneself or a third party from imminent death or grievous bodily harm. An individual must reasonably believe that they are facing imminent harm, and the level of force used must be proportional to the threat. The second part of the provision deals with obstruction, perverting or defeating the cause of justice. This is essential because it prohibits an individual from using force to conceal their wrongdoing or escape the consequences of their actions. In essence, this provision seeks to ensure that the integrity of the legal system is not compromised, and that the perpetrators of crimes are held accountable for their actions. Finally, the third part of the provision addresses the protection of sexual integrity. This provision particularly focuses on situations where force is used in sexual assault cases. Any force used to violate an individual's sexual integrity is not justified by this section of the Criminal Code. It essentially means that even in cases where an accused may claim that the use of force was in self-defence, the defence will not stand if the acts were aimed at violating the sexual integrity of another person. In conclusion, Section 25.1(11) of the Criminal Code of Canada is a crucial provision that limits the use of force in self-defence or defence of others. It ensures that individuals are not allowed to use excessive force to protect themselves or others, and that they cannot use force to obstruct, pervert or defeat the course of justice, or violate the sexual integrity of another person. The section serves as a safeguard against abuse of power and promotes a just and equitable legal system.
STRATEGY
Section 25.1(11) of the Criminal Code of Canada is an important section that provides certain exceptions under which self-defense can be used as a justification for an action that would otherwise be considered criminal. The section sets out three exceptions to the use of self-defense: intentional or negligent causing of death or bodily harm, obstruction of justice, and conduct that would violate the sexual integrity of another person. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. The first consideration is the threshold that must be met in order to rely on this defense. The accused must establish that they believed on reasonable grounds that force was necessary to defend themselves or another person from the threat of force or harm. This means that the accused must demonstrate that their belief was both subjective and objectively reasonable in the circumstances. Therefore, the accused must be prepared to make a persuasive argument that they believed the force they used was necessary and that a reasonable person in their situation would have believed the same. Another strategic consideration is the importance of demonstrating that the accused was acting in response to an imminent threat. The use of force can only be justified if it is used to defend against an imminent threat. If the accused cannot demonstrate that the threat was imminent, then they will not be able to rely on the defense of self-defense. Therefore, it is important to develop a strategy that effectively demonstrates that the accused was acting in response to a real and present danger. In addition, the accused must demonstrate that they were acting out of necessity and that the force used was proportional to the threat faced. This means that the accused must have used no more force than was necessary to defend themselves or another person. If the accused used excessive force, then they will not be able to rely on the defense of self-defense. Therefore, it is important to develop a strategy that effectively demonstrates that the force used was necessary and proportional to the threat faced. One strategy that could be employed is to gather as much evidence as possible to support the accused's position. This could include witness statements, medical reports, surveillance footage, and any other evidence that supports the accused's claim of self-defense. Another strategy could be to call expert witnesses to testify about the use of force and the reasonableness of the accused's actions. It may also be important to address any potential weaknesses in the accused's case. For example, if the accused has a criminal record, this could undermine their credibility in court. In such cases, it may be necessary to develop a strategy that addresses these issues and mitigates their impact on the case. In conclusion, when dealing with section 25.1(11) of the Criminal Code of Canada, it is important to carefully consider the threshold that must be met in order to rely on the defense of self-defense. It is also important to develop a strategy that effectively demonstrates that the accused was acting in response to an imminent threat, that the force used was necessary and proportional to the threat faced, and that any weaknesses in the accused's case are addressed and mitigated. By doing so, the accused may be able to successfully rely on the defense of self-defense and avoid conviction for a criminal offense.
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