When people search for “castle law Canada,” they’re often trying to understand whether Canadians have the same legal protections as Americans do when defending themselves at home.
In the U.S., “castle doctrine” or “stand your ground” laws often allow homeowners to use force — including lethal force — without having to retreat.
But Canada takes a different approach…
Let’s check it out.
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The idea of “castle law,” also called “castle doctrine,” comes from the saying that a person’s home is their castle.
In many U.S. states, this law means that if someone breaks into your home, you may legally use force to protect yourself and your property.
Some states even extend this to public places with “stand your ground” rules.
But the concept of castle law doesn’t officially exist in Canada.
Instead, Canadians rely on the self-defence and defence of property provisions in the Criminal Code.
Canada does not have a specific “castle law.”
However, the Criminal Code does allow Canadians to defend themselves and their property under certain conditions.
The key phrase here is “reasonable force.”
Unlike in the U.S., there is no automatic legal right to use lethal force against an intruder.
The courts look closely at whether your actions were necessary and proportionate to the threat you faced.
This is one of the most common questions people ask.
The short answer is: you can only shoot an intruder in Canada in very limited circumstances.
Canadian law does not give blanket permission to shoot an intruder.
If you genuinely believe your life — or the life of someone else in the home — is in immediate danger, and no lesser force would stop the threat, then lethal force may be justified.
Courts consider a range of factors under section 34(2), including the nature of the threat, whether weapons were involved, the size and physical capabilities of those involved, the proportionality of the response, and whether there were other means available to respond, such as retreating or calling police.
Similar to the above, the law allows for the possibility that killing an intruder could be justified, but only if you were acting in self-defence against a threat of death or grievous bodily harm.
It’s important to understand that even if you act in self-defence, you could still face charges.
A court would then decide whether your actions fit within the legal definition of self-defence.
The biggest difference between Canadian and U.S. laws is that Canada does not have “stand your ground” or “castle doctrine.”
Canadians are allowed to defend themselves, but always within the limits of what’s considered reasonable.
In the U.S., the law often removes the duty to retreat.
In Canada, there is no codified duty to retreat, but whether you had other options available — like leaving or calling for help — will be part of the court’s assessment of reasonableness.
If you defend yourself or your home, police may still investigate and charges can be laid, especially if serious injury or death occurred.
If self-defence becomes an issue at trial, the Crown must ultimately prove beyond a reasonable doubt that your actions were not justified.
That’s why self-defence cases can be complex.
The outcome depends heavily on how the court interprets your actions within the framework of the Criminal Code.
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Castle law often comes up in political debates.
Some politicians, such as Doug Ford and Pierre Poilievre, have voiced support for stronger self-protection rights, similar to U.S. laws.
Supporters argue that homeowners should not fear prosecution if they defend themselves.
Opponents counter that expanding self-defence laws could increase violence and reduce public safety.
For now, the law remains rooted in the Criminal Code, which balances the right to defend yourself with the need to prevent unnecessary violence.
If you’ve been charged after defending yourself or your property, it can be overwhelming.
Self-defence cases are rarely straightforward, and the outcome depends on how the courts view your actions under the Criminal Code.
We at Browne Criminal Defence, located in Calgary, Canada, work with individuals facing criminal charges, including cases where self-defence is a factor.
Please reach out to us for a consultation if you need a criminal defence lawyer.
Is there castle law in Canada?
No. Canada does not have a specific “castle law,” but the Criminal Code allows for self-defence and defence of property under certain conditions.
What does Canadian law say about defending property?
Section 35 of the Criminal Code allows reasonable force to prevent someone from entering or damaging property, or to remove a trespasser.
Can you use lethal force to protect yourself at home?
Only if you reasonably believe your life or someone else’s is at risk, and no lesser force would stop the threat.
What is “reasonable force” in Canada?
It means the force you used was necessary and proportionate to the situation. Courts consider the circumstances and whether other options were available.
What section of the Criminal Code covers self-defence in Canada?
Self-defence is covered under section 34, which focuses on whether your actions were reasonable in the circumstances.
Do you have to retreat from an intruder in Canada?
There is no legal “duty to retreat.” However, courts may look at whether you had the option to avoid using force when deciding if your response was reasonable.
What happens if you injure an intruder?
You may still face charges, and the court will decide whether your actions fit within the legal definition of self-defence.
Does Calgary law differ from the rest of Canada?
No. Self-defence laws come from the federal Criminal Code and apply across Canada, including Calgary and the rest of Alberta.
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