The Crown brought an application seeking a ruling on whether the new self‑defence provisions enacted by the Citizen’s Arrest and Self‑defence Act, which replaced former Criminal Code ss. 34–37 and came into force March 11, 2013, applied retrospectively to offences committed before that date.
The accused was charged with multiple assault‑related offences arising from an incident in his apartment and intended to rely on self‑defence and defence of property at a judge‑and‑jury trial.
The court reviewed conflicting authorities across Canadian jurisdictions regarding whether the new provisions operate prospectively only or also apply to earlier conduct.
Emphasizing the remedial purpose of the amendments and the need for clear jury instructions, the court concluded that the presumption against retrospectivity was rebutted in these circumstances.
The jury would therefore be instructed under the new self‑defence provisions.
