Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2012-05-02 and last amended on 2012-04-05. Previous Versions

Marginal note:Defence of dwelling

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

  • R.S., c. C-34, s. 40.
Marginal note:Defence of house or real property

  • 41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

  • Marginal note:Assault by trespasser

    (2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

  • R.S., c. C-34, s. 41.
Marginal note:Assertion of right to house or real property

  • 42. (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

  • Marginal note:Assault in case of lawful entry

    (2) Where a person

    • (a) not having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.

  • Marginal note:Trespasser provoking assault

    (3) Where a person

    • (a) having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be provoked by the person who is entering.

  • R.S., c. C-34, s. 42.

Protection of Persons in Authority

Marginal note:Correction of child by force

43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

  • R.S., c. C-34, s. 43.