THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On R. v. Szczerbaniwicz (2010)

The Defence of Property in Criminal Law: R. v. Szczerbaniwicz

In R. v. Szczerbaniwicz, 2010 SCC 15, the SCC took its first crack at interpreting s. 39(1) of the Criminal Code of Canada. Section 39(1) provides a defence where the accused commits a criminal offence while defending his or her peaceable possession of personal property, as long as “he [or she] uses no more force [...]