FINALLY Some Sense in Canadian Justice...

[Angry White Male]

Castlegar, B.C., restaurant owner won't face charges after shooting intruder.

Castlegar RCMP Sgt. Laurel Mathew says the incident took place on Sept. 3 at around 4:40 a.m. PT. The owner of Chameleon restaurant was sleeping in his living space above the restaurant when he heard smashing and glass breaking.

He went to investigate, she explained, taking his .22 revolver to protect himself.

"He went downstairs and was confronted by an intruder who bear sprayed him in the face, incapacitating him," she said.

As he was being sprayed, the owner fired his gun. The suspect managed to run away and the owner called police.

Malkinson had been wounded by the gunshot but stayed four days in the Kootenays without going to a doctor or hospital.

30 months in jail for intruder

Malkinson was charged with numerous offences including breaking and entering and breaching a probation order.

He was found guilty, Sept. 11. Two days later, he was sentenced to 30 months in jail.

Mathew says police will not be charging the owner.

"We considered all the facts and circumstances," she explained.

"He took a significant blast of bear spray to the face which incapacitated him. At that point, he's protecting himself from who knows what at that point ... His use of force was reasonable under these circumstances."

http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088">http://www.cbc.ca/news/canada/british-c ... -1.4292088">http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088



This will make Real Woman Real Angry!  Clearly the restaurant/dwelling owner should have been more accommodating, and a 30 month sentence for the intruder clearly didn't take into account his 'troubled childhood'...

[Anonymous]

Castlegar, B.C., restaurant owner won't face charges after shooting intruder.

Castlegar RCMP Sgt. Laurel Mathew says the incident took place on Sept. 3 at around 4:40 a.m. PT. The owner of Chameleon restaurant was sleeping in his living space above the restaurant when he heard smashing and glass breaking.

He went to investigate, she explained, taking his .22 revolver to protect himself.

"He went downstairs and was confronted by an intruder who bear sprayed him in the face, incapacitating him," she said.

As he was being sprayed, the owner fired his gun. The suspect managed to run away and the owner called police.

Malkinson had been wounded by the gunshot but stayed four days in the Kootenays without going to a doctor or hospital.

30 months in jail for intruder

Malkinson was charged with numerous offences including breaking and entering and breaching a probation order.

He was found guilty, Sept. 11. Two days later, he was sentenced to 30 months in jail.

Mathew says police will not be charging the owner.

"We considered all the facts and circumstances," she explained.

"He took a significant blast of bear spray to the face which incapacitated him. At that point, he's protecting himself from who knows what at that point ... His use of force was reasonable under these circumstances."

http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088">http://www.cbc.ca/news/canada/british-c ... -1.4292088">http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088



This will make Real Woman Real Angry!  Clearly the restaurant/dwelling owner should have been more accommodating, and a 30 month sentence for the intruder clearly didn't take into account his 'troubled childhood'...

Shooting him is too humane. I would have beat the shit out of him over a one week period. Only then would I have shanked  him.

[RW]

Castlegar, B.C., restaurant owner won't face charges after shooting intruder.

Castlegar RCMP Sgt. Laurel Mathew says the incident took place on Sept. 3 at around 4:40 a.m. PT. The owner of Chameleon restaurant was sleeping in his living space above the restaurant when he heard smashing and glass breaking.

He went to investigate, she explained, taking his .22 revolver to protect himself.

"He went downstairs and was confronted by an intruder who bear sprayed him in the face, incapacitating him," she said.

As he was being sprayed, the owner fired his gun. The suspect managed to run away and the owner called police.

Malkinson had been wounded by the gunshot but stayed four days in the Kootenays without going to a doctor or hospital.

30 months in jail for intruder

Malkinson was charged with numerous offences including breaking and entering and breaching a probation order.

He was found guilty, Sept. 11. Two days later, he was sentenced to 30 months in jail.

Mathew says police will not be charging the owner.

"We considered all the facts and circumstances," she explained.

"He took a significant blast of bear spray to the face which incapacitated him. At that point, he's protecting himself from who knows what at that point ... His use of force was reasonable under these circumstances."

http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088">http://www.cbc.ca/news/canada/british-c ... -1.4292088">http://www.cbc.ca/news/canada/british-columbia/castlegar-b-c-restaurant-owner-won-t-face-charges-after-shooting-intruder-1.4292088



This will make Real Woman Real Angry!  Clearly the restaurant/dwelling owner should have been more accommodating, and a 30 month sentence for the intruder clearly didn't take into account his 'troubled childhood'...

The owner of the Chameleon is a very lovely German man.  We have eaten at his restaurant many times and I am glad he's not only safe but not being charged for defending himself.

[cc]

"FINALLY Some Sense in Canadian Justice..."



How so?



- That length of sentence (much of which he will not serve) is an insult to justice



- "Self Defence" was a no brainer

[Wazzzup]

I don't know what the laws are like on self defense in Canada.  But if someone invades your home you can shoot them for it in 26 US states.,  In the other 24 the invader needs to have a gun (or other weapon). How do you know if they have a gun?  When they shoot you.  



IMO you should have the right to shoot anyone burglarizing your home.  Cops are trained to only shoot people with weapons, civilians are not.

[Anonymous]

"FINALLY Some Sense in Canadian Justice..."



How so?



- That length of sentence (much of which he will not serve) is an insult to justice



- "Self Defence" was a no brainer

I'd rather be tried by twelve than carried by six.

[RW]

I don't know what the laws are like on self defense in Canada.  But if someone invades your home you can shoot them for it in 26 US states.,  In the other 24 the invader needs to have a gun (or other weapon). How do you know if they have a gun?  When they shoot you.  



IMO you should have the right to shoot anyone burglarizing your home.  Cops are trained to only shoot people with weapons, civilians are not.

I'll tell you right now that in Canada, you do NOT have the right to shoot someone burglarizing your home.  You still have to meet force with appropriate counter force (which is ridiculous IMHO).  In this case, the restaurant owner was assaulted with a weapon and was within in right to defend himself with a gun.  If he had no weapon, that likely wouldn't have been the case.



My dad had two men break into his house years back.  When they came through the back door, he was waiting for him with a baseball bat and started swinging.  He badly broke the first guy's arm and took him down, and he chased the other guy and hit him when he threw the baseball bat at him as he ran away.  The cops told my dad to expect charges to be laid because they had no weapons.  The crown didn't push charges but they could have.  It's ridiculous how tight the laws are when it comes to protecting yourself in Canada.

[Harry]

The UK, Canada and Australia are pretty similar in this respect, which isn't surprising.  The big issue is defining "excessive force".



It's an absurd situation as it's always easy to see, in hindsight, whether less force would have been sufficient to deal with a situation.  But when it's 3 am and you here an intruder going through your house and you have no idea if he's armed or not - hell, what are you going to do?



I keep an ax handle under the bed.  No doubt I could be charged with use of an offensive weapon, but with the wife and two daughters in the house, I'm not going to be completely unarmed if there's an intruder.



A few weeks ago a farmer heard a burglar in his house, so he grabbed his unloaded 22 to use as a prop, confronted the intruder, and chased him off.



Now the police have confiscated his rifle while they review his firearms licence!   :2r4ml1j_th:

[RW]

"FINALLY Some Sense in Canadian Justice..."



How so?



- That length of sentence (much of which he will not serve) is an insult to justice



- "Self Defence" was a no brainer

I'd rather be tried by twelve than carried by six.

I'd rather avoid confronting an intruder..



I'd hide.

SMART!

[Angry White Male]

I don't know what the laws are like on self defense in Canada.  But if someone invades your home you can shoot them for it in 26 US states.,  In the other 24 the invader needs to have a gun (or other weapon).

Canada has laws unlike anywhere else in the world, when it comes to defense...  Even RW, the self-proclaimed lawyer on the matter, keeps flip-flopping, because even she cannot grasp our laws, and cannot understand and grasp them.



We are like NO OTHER nation in the world, when it comes to self-defense.  I can explain it to you, but others here seem to know better.



But yes, under the right 'circumstances,' you can unload that 12 gauge shell into the face of another, should your life be in serious danger.



We can also use as "much force as necessary" to keep someone from entering our dwelling home.  THIS is up to the judges, on how to decide, and I'll tell you why...

[Angry White Male]

To clarify, Canada has fairly strict firearms laws, at least compared to the US.



What Canada DOES have, is the "Law of Necessity."  This is RARELY ever mentioned, and I'm not sure the US has a similar clause.



What the "Law of Necessity" enables one to do, is to break the law to save himself/herself.  If it was truly a potential life and death situation, you are 'technically' permitted to break the law to save your own life, and cannot be charged for whatever method you utilize to do so...



And that means you can utilize whatever weapon you have at your disposal.  In the Castlegar case, intruder was lucky it was only a .22.

[RW]

I don't know what the laws are like on self defense in Canada.  But if someone invades your home you can shoot them for it in 26 US states.,  In the other 24 the invader needs to have a gun (or other weapon).

Canada has laws unlike anywhere else in the world, when it comes to defense...  Even RW, the self-proclaimed lawyer on the matter, keeps flip-flopping, because even she cannot grasp our laws, and cannot understand and grasp them.



We are like NO OTHER nation in the world, when it comes to self-defense.  I can explain it to you, but others here seem to know better.



But yes, under the right 'circumstances,' you can unload that 12 gauge shell into the face of another, should your life be in serious danger.



We can also use as "much force as necessary" to keep someone from entering our dwelling home.  THIS is up to the judges, on how to decide, and I'll tell you why...

You say I know nothing then reiterate what I say.



The stupid dial is jacked up tonight.  I'm usually too high to notice :D

[Angry White Male]

Canadian "Law of Necessity" came about like 150 years ago or something...



Boat was stuck, crew was dying, so the remaining living crew ate some of the dead.



What they did was illegal, since cannibalism was, and is, illegal...



However, that case set a precedent in Canadian law, that stated that their charges must be expunged, due to the "laws of necessity."



And since then, that ruling has held in Canadian Criminal Courts.

[Angry White Male]

I'm usually too high to notice :D

You really have no clue.



I remember when you argued with me that even owning a gun is against the law, let alone shooting someone with it.



You have NO clue about our laws in defense matters, so don't even try.

[Angry White Male]

Here's the other problem though, RW...



Had it been a different Judge, your German restaurant owner would be serving a MINIMUM of five years in prison for what he did, up to life in prison.



Think about that for a minute.



These rules are NOT set in stone...  He could JUST as easily have been sentenced to 25 years in prison here.