For the new defence of property, the basic elements are the same as those for self-defence, except that the threat which triggers the defence must be a specified threat of property interference (rather than a threat of force against a person). Paul Lewandowski discusses the types of defences available to these types of charges, and his approach to mounting a successful defence. Historically, courts in Canada â unlike their counterparts south of the border â have not extended defence of property principles to excuse shooting a thief, whether or not death ensues. 34 (1) A person is not guilty of an â¦ Non-infringement Defences. The Department of National Defence supports the Canadian Armed Forces who serve on the sea, on land, and in the air with the Navy, Army, Air Force and Special Forces to defend Canadiansâ interests at home and abroad.. Find a job in the Forces Property, in the legal sense, can mean real property in the form of land and buildings, or personal, movable property. over-80-253b: The charge of driving while "over 80" is found in section 253(b) of the Criminal Code of Canada. The American TFP is an organization of lay Catholic Americans concerned about the moral crisis shaking the remnants of Christian civilization. A defence â¦ ... one can imagine how quickly the legitimate defence of property might possibly evolve into defence of the person when an active criminal is confronted. DCC is a Crown corporation that delivers infrastructure and environmental projects for the defence of Canada. No defence (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law. Property law â whether under the common law in most of Canada, or the Civil Code in Quebec â deals with a wide range of rights and obligations owing to individuals and governments, and has â¦ S.C. 2012, c. 9 Assented to 2012-06-28. National Defence. From needs planning to facility decommissioning, the Real Property Management Services team supports the efficient operation of DNDâs infrastructure. Self-Defence and Firearms in Canada. Additionally, the new defence of property retains from the old law the requirement that the property Under section 42 of the Canadian Patent Act, a patent holder has the exclusive right, liberty and privilege to make, construct, sell and use the invention for the duration of the patent. Number One: Defending yourself, contrary to popular belief, is NOT against Canadian law. The colour of right defence requires that you demonstrate that, at the time of the offence, you had an honest belief that you held a possessory right to the property in question. For example, if you honestly believed that the property in question belongs solely to yourself, then you may have a defence to a mischief â¦ Relevant sections of the Code are Section 34 (defence of person) and Section 35 (defence of property), excerpts of which are set out below: Defence of Person. No defence The Criminal Code of Canada is the source of criminal offences in Canada, not the RCMP. Defence â use or threat of force. An Act to amend the Criminal Code (citizenâs arrest and the defences of property â¦ Citizenâs Arrest and Self-defence Act. A defendant in a patent infringement case can also argue that while the plaintiff's patent is valid, they have not infringed the patent.