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Create and develop data to identify the different paradigms
in which self-defensive violence is invoked and employ policy analysts to
undertake a feminist, anti-racist, gay and lesbian-positive analysis of the
systemic factors that should be considered in developing self-defence doctrine.
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Enact a duty to retreat, where it is safe to do so, for
those who initiate or threaten violence or abuse.
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Exclude from the ordinary law of self-defence those who were
exercising lawful authority and create a specific defence of self-defence for
those in lawful authority that has more stringent criteria for self-defence.
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Draft a defence that does not differentiate between those
who intend and those who do not intend to kill or seriously injure when
defending themselves or another.
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Draft a defence that is open-ended in terms of protection of
other persons, regardless of the legal relationship between the accused and the
person protected.
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Require that an accused must actually and reasonably,
consistent with a s. 15 equality analysis, believe in the need to use defensive
violence and in the need to use the degree of violence invoked.
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Enact a self-defence law that requires the accused to
believe that the use of force is necessary, but requires only that the degree
of violence used by the accused be reasonable, not objectively necessary or
proportionate.
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Enact a statutory list of considerations going to
reasonableness in cases where the accused or the person protected
was subjected to a pattern of coercive control, violence, threats and orabuse.
This list must include both systemic issues, as highlighted in Malott,
and consideration of the particular features of the accuseds experience,
as set out above.
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Require that the reasonableness of the accuseds belief
regarding the need to use force and the degree of violence that is needed be
assessed from the standpoint of the ordinary, sober person.
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Draft a self-defence law that disqualifies an accuseds
belief in the need to invoke defensive violence or the degree of force used as
unreasonable only where it constitutes a marked departure from the beliefs or
force used by the reasonable person, consistent with s. 15 of the
Charter.