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Factors (Plain English) – Section 34

Practical Issues to Address – Factors from Section 34 – In Plain English

Describe the type (nature)of the force used

  • Pushing, slapping, closed fist, threats etc.
  • Number of strikes
  • Duration of incident


Describe how dynamic was the situation

  • Sudden and violent, vs. slow and simmering
  • Were options other than violence pursued


Describe the person’s role in the incident;


Did any parties use or threaten to use a weapon?


Describe the size, age, gender and physical capabilities of the parties involved


Is there a history between the parties?

  • Previous incidents Reported/Unreported, nature of these incidents
  • Describe the nature of the relationship
  • What were the events leading up to the incident


Was the use of force proportional to the factors of the situation?


Did (or may) any of the parties claim self defence, defence of property

(Section 34 or Section 35 CCC)

  1. Objective facts in support of claim

Keywords: Self Defence