TABLE OF CONTENTS
I.
Background
II.
Summary of CAEFS Recommendations in Response to
Reforming Criminal Code Defences: Provocation, Self-Defence and Defence of Property
III.
Recommendations in Response to
Reforming Criminal Code Defences: Provocation, Self-Defence and Defence of Property
A. Abolish Mandatory Minimum Sentence of Life Imprisonment
1. Systemic Discrimination: Unequal Treatment
2. Systemic Discrimination: Unequal Impact
3. Distortion of Defences
4. Swelling Prison Populations
5. Contradictory Effects
6. Legal Constraints
7. Sentencing Powers to Police and Prosecutors
8. Creating Tolerance for Mandatory Minimum Sentences
B. Abandon the Parole Ineligibility Rules for Murder
C. Initiate Research and Consultation
D. Address the Recommendations of the Self-Defence Review
E. Reform Self-Defence
1. Simplifying the Law
2. Duty to Retreat for Aggressors
3. Narrow Self-Defence for Police and Prison Guards
4. Distinction between Unintentionally and Intentionally Causing
Death or Bodily Harm
5. Use of Force to Protect other People
6. Judging the Circumstances; Judging the Force
7. Measuring the Force Used
8. Defining Reasonable
9. Sober Person
10. Marked Departure Requirement
11. Excessive Force Limitation
12. Availability of Self-Defence for Offences other than Homicide
13. Imminence of Threat
14. Jury Instructions
table of contents cont'd next page
Cover
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