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🏒 EP#181 Joseph and Alper Yulmaz contrast Canada’s self-defence (s.34) with U.S. castle doctrine—no duty to retreat, proportionality/necessity, and the modified objective test for homeowners. ⚖️📢🎙️

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📢 In EP#181 Not On Record explains Canada’s self-defence s.34 vs U.S. castle doctrine—no duty to retreat, proportionality, stand-your-ground myths, and how courts assess reasonableness. 🎧🧑‍⚖️🏒

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In this episode Joseph walks through Canada’s self-defence law (Criminal Code s.34) and contrasts it with U.S. “castle doctrine” and stand-your-ground frameworks. With articling student Alper Yulmaz joining, they unpack proportionality and necessity, why Canada has no duty to retreat yet still weighs available options, and how courts apply a modified subjective objective test, considering the accused’s size, experience, trauma history, and the context inside a home. Recent tragedies and high-profile charges are discussed without trial-by-media, along with Supreme Court guidance (e.g., Hodgson, Khill), to show that Canadian law is broader and more flexible than many think; designed to protect homeowners while avoiding blanket presumptions that can produce unjust outcomes.

R. v. Hodgson, 2024 SCC 25 - https://www.canlii.org/en/ca/scc/doc/2024/2024canlii11123/2024canlii11123.html?resultId=faf026722dfb4b3a9e3dc803930bbd9b&searchId=2025-09-07T08:08:30:114/750c412190cc49eba6030d6a4fba89fa

R. v. Khill, 2021 SCC 37 (CanLII), [2021] 2 SCR 948 - https://www.canlii.org/en/ca/scc/doc/2021/2021scc37/2021scc37.html?resultId=106af67b2fdf4afd82ff35a092a71ebc&searchId=2025-09-07T08:11:40:226/e117a95adc244d88b9ab89e6f5053778