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Self-defence in Canada – Would Bryant’s actions qualify for this defence?

June 1, 2010

Below is an excerpt from the Criminal Code of Canada relating to self-defence.  I don’t have any sort of background in the study of law, but I found the sections below helped me to determine (IMO) whether Bryant’s defence would hold up in a Canadian courtroom.   I think it might also be helpful for others in reaching their own conclusions.  I’ve shared my thoughts, and questions left unanswered, below.

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Defence of Person

Self-defence against unprovoked assault

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

Extent of justification

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
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Relevant Articles & Links: Michael Bryant

May 31, 2010

I will do my best to keep updating this post with relevant articles/links

June 3rd-2010

This is Justice? :     A legal perspective on the Michael Bryant case from lawyer, and advocate for the rights of cyclists, Bob Mionske.  A must read!

June 1st-2010

Charges Unfairly Pursued:    A CBC article on Lori Ann LaForge who says her case is similar to that of Michael Bryant, but the Crown is proceeding with charges against her.

May31st-2010

Ontario Crown – Executive Summary – May 25, 2010:    Originally obtained by the Toronto Star, Special Prosecutor Richard Peck’s Executive Summary outlining the Crown’s determination that there was no reasonable grounds for conviction of Michael Bryant on the charges of criminal negligence causing death and dangerous driving causing death.

May31st-2010

The Peck Brief – Advocate for the Defense Pt 1:    A critical review of the Executive Summary above from the author of Bryant Watch

May31st-2010

Sometimes the Dragon Wins:    A unique analysis of the ‘findings’ of Richard Peck from the author of The Legion of Decency

May31st-2010

Blood on Bloor Podcast – Michael Bryant, Privilege, and Murder (.MP3):    Podcast in response to the charges withdrawn uploaded by The Parkdale Revolutionary Orchestra Website

May31st-2010

Surveillance Footage of the Incident:    Make sure to check all of the unedited as well as enhanced video compiled by honestedit on his/her youtube profile