Blogs Mondaq Canada Self-Defence In Canada ' The Khill Case

Self-Defence In Canada ' The Khill Case

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Peter Khill Gets 8 Years for Manslaughter After the Supreme Court Ordered a New Trial Based on New Self-Defence Guidelines

To the surviving family members of Jonathan Styres, the scales of justice have finally balanced. Seven years have elapsed since Peter Khill fatally shot Styres, who was seemingly attempting to steal Khill's pickup truck parked in the driveway of his home. After three trials (including one mistrial) and several appeals, Khill will go to prison . . . was recently sentenced to 8 years in prison for manslaughter.

You can read about the facts in greater detail here.

At the initial trial, Khill pleaded self-defence and the jury found him not-guilty of second-degree murder. The Crown successfully appealed to the Ontario Court of Appeal ("ONCA"), who unanimously ordered a new trial. Khill appealed this decision, but in 2021, the Supreme Court of Canada (the "SCC") upheld the ONCA's decision while opining on the proper way to analyze self-defence.

A New Regime for Self-defence in Canada

Self-defence or the use of force to protect yourself against harm, is a legal concept and defence in Canada that is codified at section 34 of the Criminal Code...

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