Failed Self Defence Argument Gets 8 Years In Jail -- A Lawyer Explains

[762mm]

.

Our ridiculous hug-a-thug court system is beyond broken.

If you go to outside your house to investigate whether someone is stealing your car, the SCC now says you've "escalated the situation".

WTF?

[RangeBob]

Peter Khill

https://www.gunownersofcanada.ca/sho...d-self-defence
https://www.gunownersofcanada.ca/sho...Indigenous-man
https://www.gunownersofcanada.ca/sho...-shoot-to-kill
https://www.gunownersofcanada.ca/sho...IE-NEWS-THREAD
https://www.gunownersofcanada.ca/sho...ry-in-Hamilton
https://www.gunownersofcanada.ca/sho...s-fatally-shot
https://www.gunownersofcanada.ca/sho...-is-reasonable

[blacksmithden]

Just one more reason why you don't call the police. If you make a mess, clean it up yourself.

[SwissArmyMan]

If you haven't noticed, the country is run by criminals & will protect their own. You caught one of theirs? ? Keep yo' mouth shut.

[Strangeday]

What are Runkles pronouns?

Also if it’s 8 years it’s prison not jail.

[762mm]

If you haven't noticed, the country is run by criminals & will protect their own. You caught one of theirs? ? Keep yo' mouth shut.

After the Bolshevik revolution in Russia (1917), most criminals were released from prisons, as they were believed to be "victims of an oppressive & corrupt former system". Of course those criminals quickly re-offended under the new Communist utopia and were thrown right back in prison.

The Left protects criminals before they seize total control, because it's part of their narrative. And yes, most of these Leftist movement leaders are criminals and/or authoritarian despots themselves too.

[RangeBob]

USA

JAMES : This folio contains a sketch of a dress for the benefit, the centerpiece of my spring collection.
ANDY : I’ll guard it with my life.
JAMES : Thank you. I can't tell you how much I appreciate it.


Canada

JAMES : This folio contains a sketch of a dress for the benefit, the centerpiece of my spring collection.
ANDY : I’ll guard it with my life.
JAMES : I'm calling 911. I think you just confessed to pre-mediated assault, maybe manslaughter. Guarding property in Canada is a crime. Only police and the military can guard property in Canada.

[M1917 Enfield]

The leftist controlled government, leftist judges (majority now) and the crown prosecutors and police demand that the sheeple now never under any circumstances take their life or property defence or protection into their own hands and fully rely only on calling 911 and waiting (hoping) for the increasingly overwhelmed and understaffed police to respond and protect the sheeple and their property.

Best case scenario now is for the police to later investigate the crime and hopefully find and charge the offender before the offender is later released (especially if native or other deemed persecuted minority).

In other words, the system is now broken and society is in a downward spiral brought on by leftist progressives and their warped mindsets!

[Zinilin]

Perhaps he should have gone out to arrest the thief rather than going out to stop him from stealing his truck.

[M1917 Enfield]

"The ruling Thursday upheld an Ontario Court of Appeal decision last year that unanimously overturned Khill’s acquittal and ordered a new trial.

Khill’s appeal to the top court hinged on whether the trial judge failed to instruct the jury to weigh his “role in the incident.” The consideration is one of several Criminal Code criteria that play into determining if an act is reasonable as self-defence.

In an 8-1 decision, Justice Sheilah Martin wrote on behalf of the majority that Khill “had a central role in creating a highly risky scenario.”

“Where a person confronts a trespasser, thief or source of loud noises in a way that leaves little alternative for either party to kill or be killed, the accused’s role in the incident will be significant,” she stated.

“Without a clear direction to consider Mr. Khill’s role in the incident from beginning to end, the jury would not have known that it was a factor to be considered in assessing the reasonableness of the shooting itself.”

The judge gave no such instruction, Martin said."



The Honourable Sheilah L. Martin





Photo - Sheilah L. Martin

Born and raised in Montréal, Justice Sheilah L. Martin was trained in both civil law and common law before moving to Alberta where her career as an educator, lawyer, and judge has been driven by a commitment to fairness and equal justice for all.

Justice Martin earned a Bachelor of Civil Law and a Bachelor of Common Law from McGill University in 1981. She then received a Master of Laws from the University of Alberta in 1983 and a Doctorate of Juridical Science from the University of Toronto in 1991. She was called to the Alberta Bar in 1989.

Justice Martin worked as a researcher and law professor at the University of Calgary from 1982 to 1986. In the 1980s, she also taught in the common law and civil law exchange program organized by the federal Department of Justice, and was a visiting professor at Osgoode Hall Law School. From 1991 to 1996, she was Acting Dean and then Dean of the University of Calgary’s Faculty of Law. Justice Martin taught courses ranging from commercial transactions and feminist legal theory to advanced constitutional law.

From 1996 to 2005, Justice Martin practiced criminal and constitutional litigation in Calgary. Her practice was wide-ranging and addressed issues of deep significance to Canadian society. She acted pro bono for the Women’s Legal Education and Action Fund and the Alberta Association of Sexual Assault Centres in cases before the Supreme Court of Canada. In 2000, she drew on her expertise in the area of compensation for the wrongfully convicted as an expert witness in the Thomas Sophonow Inquiry. At the invitation of National Chief of the Assembly of First Nations, Phil Fontaine, she joined the team tasked with finding a new approach to redress the harms caused by the forced attendance of Indigenous children at residential schools. Her work alongside many others contributed to the Indian Residential Schools Settlement Agreement.

Justice Martin was appointed to the Court of Queen’s Bench for Alberta in 2005. In 2016, she was appointed to the Courts of Appeal of Alberta, the Northwest Territories, and Nunavut. She has also served as a Deputy Judge for the Supreme Court of Yukon since 2009. Justice Martin’s commitment to teaching and education has carried over into her career on the bench. She serves on the Canadian Judicial Council’s Education Committee and has worked with a variety of organizations on judicial education programming.

In June 2016, Martin was appointed by Prime Minister Trudeau to the Court of Appeal of Alberta, the Court of Appeal for the Northwest Territories, and the Court of Appeal of Nunavut.

She was nominated to the court by Prime Minister Justin Trudeau on November 29, 2017. She was appointed to the Supreme Court of Canada on December 18, 2017.

In March 2016, Martin issued the first judicial approval in Canada for a person requesting assisted death after the Supreme Court's decision in Carter v Canada (AG). She allowed the assisted death for a woman diagnosed with amyotrophic lateral sclerosis, and held the hearing closed to the public and media to respect her privacy.

Martin decided that statements in support of the application from two doctors were sufficient, a decision which rejected guidelines from the Supreme Court of British Columbia and the Ontario Superior Court of Justice that more statements were required. Martin also held that no psychiatric assessment on the day of death was necessary, and that the applicant's request should not fail on technical or legalistic grounds.

Martin also ruled that the ruling would apply across Canada, which allowed the applicant to travel out of province in order to fulfill her wish of assisted death.