Undertake a study of the use of model self-defence instructions by trial judges in Canada.
Amend the
Criminal Code
so as to require trial judges to relate the law of self-defence to the evidence presented, to relate the theories of both sides, and to remind jurors that the factual findings are their domain.
Engage in an equality analysis of the defence of property, focussing particularly on women, Aboriginal, and otherwise racialized people.
Amend the defence of property to make it available only where the threat to property also poses a threat to human physical security or safety.
Review and revise other
Criminal Code
provisions, including sentencing provisions, to ensure that they reflect the value of protection of human safety and life over property.
Create a specific rule for the use of force by Aboriginal peoples in defence of land.
Develop specific rules according to the values to be protected through the defence of property.
Create a defence of property rule that is broad enough to include the range of economic interests of equality-seeking groups and that is tied to human security and safety.
Define the defence so as to include defence against a range of infringements of "property" interests.
Hinge the defence of property on "colour of right" in combination with a risk to human life or security.
Adopt the mixed subjective-objective test for the defence of property with respect to the accuseds belief that force is needed and that the degree of force used was necessary.
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