ARCHIVED - Criminal Code (2024)



Marginal note:Defence of house or real property

  • 41(1)Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

  • Marginal note:Assault by trespasser

    (2)A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

  • R.S., c. C-34, s. 41
ARCHIVED - Criminal Code (2024)
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