It Is Illegal To Get Punched In Ontario

April 30, 2009 at 11:01 PM (Uncategorized)

Updated at bottom
***
I’m baffled here.

Redneck student calls a Korean student a “fucking Chinese”, then slugs him. Korean student breaks redneck’s nose. Korean student is suspended, arrested and charged with assault. Redneck receives a tissue and is not arrested.

Okay, first problem. There are rednecks in Canada? Who knew?

Secondly, nevermind that the redneck wasn’t arrested. That’s bad enough, but not nearly as bad as the fact that his victim was . And suspended from school? What the hell?

The kid was slugged after trying to walk away and only then did he hit the other kid to make him back off. Why is he suspended after he defends himself? More importantly, why the hell was he arrested? The kid was defending himself. He even pulled the punch.

This is what Canadian law has to say on the subject:

Defence of Person

Self-defence against unprovoked assault

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and

(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

R.S., 1985, c. C-46, s. 34; 1992, c. 1, s. 60(F).

So, what in the hell? Kid did everything right, did the most restrained action possible to avoid being hospitalized by an attacker and he gets arrested for it anyway.

I guess the lesson here is, when someone physically attacks you in Ontario, go ahead and break every bone in that fucker’s body. The police are going to arrest you anyway and let your attacker walk home. Might as well take the law into your own hands, since the police there aren’t doing their job.

Update: May 5 – After taking a massive drubbing in the press, the school is backing off and have undone the Korean kid’s suspension and deleted it from his school records. Apparently the police can’t drop charges once they’re filed, so he still has to go to court.

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