Pepper spray is an effective, non-lethal weapon of defence. To be armed with it could mean the difference between temporarily incapacitating an attacker and escaping, or being the helpless victim of a brutal, perhaps deadly assault..At the very least, tucked in a pocket or in a nightstand drawer, it would give law-abiding citizens — especially women — peace of mind knowing they have a means of protection within reach..However, using it could also land them up to 10 years on jail. The Criminal Code lists pepper spray as a prohibited weapon..The argument that criminals will get their mitts on it is weak. They regularly launch attacks with easily obtained bear spray to complement other weapons of choice like knives, guns, and fists. They also constantly prowl for (preferably unarmed) victims..Maxime Bernier said the People’s Party of Canada (PPC) would fight to amend the Criminal Code to remove pepper spray from the prohibited list making it legal to possess and carry for self-defence..That was part of a three-point PPC policy on the right of Canadians to defend themselves against violent crime that Bernier unveiled at a press conference Monday in Winkler, MB..Bernier is running in the June 19 Portage-Lisgar byelection..“Crime is a rising concern in many regions of the country, including in rural areas like here in Portage-Lisgar, where many houses are isolated and police stations are sometimes many tens of kilometers away,” he said..“One obvious way to deter crime is to make it clear to criminals that there are laws and enforcement means in place that make it likely that they will be caught and severely punished.".“Another is the fear their victims are going to defend themselves. Any justice system grounded in morality and reason allows self-defence.”.But Canadian law is “inconsistently applied” due to its “complexity and imprecision.”.As a result, “honest citizens” have been charged for defending themselves..“And then (they) went on trial because they used force that was not deemed ‘reasonable in the circumstances’ and ‘proportionate to the perceived threat.’”.The PPC self-defence policy would focus on amendments to the Criminal Code to afford Canadians more protection from criminal charges for protecting themselves, their families, and their property..• It would amend Section 34 of the Criminal Code to clarify and fortify the right to self-defence. And increase the burden of proof necessary to charge and convict victims who used force to defend themselves against a violent attacker..Section 34 currently states circumstances individuals can use force to defend themselves or others if force is being used or threatened against them..• It would also amend Section 35 of the Criminal Code to include the concept of the inviolability of one’s home, known as “Castle Doctrine,” that allows victims to use force (up to and including deadly force) to defend themselves against a violent intruder, free from legal prosecution..Section 35 recognizes circumstances where an individual is justified in using physical force to protect property from being entered, taken, damaged or destroyed..• And it would remove pepper spray from the prohibited list..“Beyond the right to defend yourself in your own home, it should be possible to defend yourself anywhere,” said Bernier..“Everybody, and women in particular, should be allowed to carry effective means of self-defence against aggressors and rapists.”.“Canadians should be able to defend themselves in circumstances where they are violently attacked or are victims of robbery in their own homes, without fear of criminal charges.”.However, the law has proven to be open to interpretation..“In Canada this right is, however, inconsistently applied due to the law’s complexity and imprecision.”.“Such legal proceedings can destroy a person’s mental health, family life, and livelihood, even when they are not found guilty of an offence.”.Bernier pointed to the case of Manitoba’s Dakota Pratt who was convicted of manslaughter and sentenced to five years in jail in 2019..In 2016 Pratt killed Vincent Brun, 21, during a home invasion on Birdtail Sioux First Nation..Brun entered his home in the middle of the night and attacked him with a knife. Pratt grabbed the weapon and stabbed him 13 times..The judge ruled he went beyond his right to protect himself..“Condemning a person to years in prison for having made the wrong assessment of a ‘perceived threat,’ or having used too much force to defend themselves while in a state of panic after being violently attacked, is clearly a breach of the universal human right to self-defence,” said Bernier..Winnipeg police reported violent crimes, including assaults, homicides, and kidnappings, jumped 24% in 2022 over the previous year — and reached their highest levels since 2009..In February Statistics Canada reported northern Manitoba had the second highest rural crime rate in Canada at 36,062 incidents per 100,000 population in 2021..In August 2022 Manitoba launched a specialized task force to tackle violent crime in some rural communities..The Strategic Enforcement Response Team (SERT) targets violent crime, especially crimes committed by street gangs and prolific offenders. It's had great success..Earlier this month, Manitoba Justice Minister Kelvin Gortzen said the province took action to address safety concerns by expanding the powers of community safety officers in both rural and urban municipalities..Proposed amendments to the Police Services Act aim to give rural Manitoba more control and address unique safety concerns, said Justice Minister Kelvin Goertzen..But Bernier again pointed to the vulnerability of rural victims of crime..“Victims of robbery are typically advised to call the police and avoid any confrontation with assailants while waiting for the police to arrive.”.“In rural areas however, police stations are often far away, and it can take a long time for the police to arrive at the scene of a crime.”.So, people are left to their own devices. Reforms are needed to protect those who are forced to protect themselves..“No other party has proposed to adopt these reforms. I believe they will make Canadians more secure from crime.”
