Criminal Liability and Voluntary Conduct:
Canadian law holds individuals accountable for voluntary conduct, emphasizing the importance of free will and controlled actions. However, there are exceptional situations where individuals might be compelled to commit a criminal offense due to threats, leading to the application of the defense of duress or necessity.
Threat of Death or Bodily Harm:
The defense of duress hinges upon a credible threat of present or future death or bodily harm, directed either at the accused or someone close to them.
Reasonable Belief in the Threat:
The accused must reasonably believe that the threat will be carried out. Factors such as timing and context influence the assessment of the accused’s belief.
Absence of Safe Avenue of Escape:
Duress is applicable only when there is no safe way for the accused to escape the threatened harm. The availability and reasonableness of escape options are crucial considerations.
Causation: Threat Leading to Actions
The accused’s actions must directly result from the threat. The court assesses whether the accused’s response was reasonable given the circumstances and the immediacy of the threat.
Proportionality of Harm:
The harm caused by the accused should not be disproportionate to the threatened harm. Canadian law does not excuse actions causing greater harm to others to avoid lesser harm to oneself.
Burden of Proof and Accused’s Responsibility:
The burden of proving voluntary conduct lies with the Crown prosecutor. The accused must provide sufficient evidence to establish the defense, often necessitating testimony. Consulting a lawyer is essential for making informed decisions regarding the defense strategy.
Differentiating Duress from Self-Defense:
Duress and self-defense are distinct defenses. Self-defense involves lawful responses to threats, whereas duress pertains to succumbing to threats by committing an offense. The motives and circumstances surrounding the threat differentiate these defenses.
Limitations of the Duress Defense:
Certain offenses, especially those involving serious personal violence or threats to public safety, preclude the defense of duress. Additionally, if the accused willingly associates with criminal organizations knowing the potential for coercion, the defense of duress may not apply.
Conclusion: Consulting a Lawyer for Duress Defense
Given the complexity and specific criteria of the duress defense in Canadian law, seeking legal advice from experienced professionals, such as the lawyers at Smyllie Law, is crucial when facing criminal charges. A thorough understanding of the law and the individual case is essential to determine the applicability of the defense of duress.