peper spray for self defence?
11-28-2006 | 09:45 PM
#1
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peper spray for self defence?
my buddie was attacked and he sprayed the guy. he was charged with assault with a weapon. anyone know any info on this kind of stuff? guy broke into the room he had and attacked him on his bed. feel bad hes from alberta visiting toronto. any links to court cases about this stuff. precedents.
11-29-2006 | 01:04 AM
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Originally Posted by RCBH-LIVES
my buddie was attacked and he sprayed the guy. he was charged with assault with a weapon. anyone know any info on this kind of stuff? guy broke into the room he had and attacked him on his bed. feel bad hes from alberta visiting toronto. any links to court cases about this stuff. precedents.
Assault with a restricted weapon? Or just assault?
If it truly happened as you describe, there would be no grounds to lay an assault charge, though a weapons charge might still be appropriate depending on the type of pepper spray involved. There's something you're leaving out here.
11-29-2006 | 02:24 AM
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he said assault with a weapon thats it. it was his landlord. they had a disagrement and this guy broke into his room. crazy schit. i know he cant afford a lawyer. the dude called the police first so my friend gets the trouble. thats crap.
11-29-2006 | 03:21 AM
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Originally Posted by RCBH-LIVES
he said assault with a weapon thats it. it was his landlord. they had a disagrement and this guy broke into his room. crazy schit. i know he cant afford a lawyer. the dude called the police first so my friend gets the trouble. thats crap.
Under landlord-tenant legislation, a landlord is entitled to access a tenant's apartment or house provided reasonable notice is given. A tenant cannot refuse entry if that notice is given.
In a situation involving a room in a shared house or apartment, things get a lot murkier.
And for what reason was the landlord there?
11-29-2006 | 03:49 PM
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Originally Posted by YellowCavy
his lanlord cannot just enter. its invasion of privacy.
Landlords have the right to enter a tenant's premises if reasonable notice is given, or in cases of emergency. A tenant has no absolute right to bar entry to a landlord.
Even less protection is afforded to a person just renting a single room in a shared dwelling, especially when the landlord also resident in the same dwelling.
Like I said, it all depends. Why was the landlord there?
11-30-2006 | 08:53 PM
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Originally Posted by gldwngr
Assault with a restricted weapon? Or just assault?
If it truly happened as you describe, there would be no grounds to lay an assault charge, though a weapons charge might still be appropriate depending on the type of pepper spray involved. There's something you're leaving out here.
If it truly happened as you describe, there would be no grounds to lay an assault charge, though a weapons charge might still be appropriate depending on the type of pepper spray involved. There's something you're leaving out here.
12-01-2006 | 12:15 PM
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If this would of happen to me. I would claim self-defense with the thinking that the other person will seriously harm your friend. But any self-defense will be hard to explain in court. What your friend need to do is stated that he used pepper spray as a means of claiming the individual down, when the indivdual clearly didn't listen to reasons.
I not sure there is any precedents, but if your friend can shown that the landlord didn't given your friend notice and just came into the apartment, or if you friends had bruises or witness. It would also back up his story. Another thing that your friend can do, is call on the arresting officer and put him on the witness stand and try to make him stated that the landlord attack him.
I not sure there is any precedents, but if your friend can shown that the landlord didn't given your friend notice and just came into the apartment, or if you friends had bruises or witness. It would also back up his story. Another thing that your friend can do, is call on the arresting officer and put him on the witness stand and try to make him stated that the landlord attack him.
12-01-2006 | 01:06 PM
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Originally Posted by lordmorg
If this would of happen to me. I would claim self-defense with the thinking that the other person will seriously harm your friend. But any self-defense will be hard to explain in court. What your friend need to do is stated that he used pepper spray as a means of claiming the individual down, when the indivdual clearly didn't listen to reasons.
I not sure there is any precedents, but if your friend can shown that the landlord didn't given your friend notice and just came into the apartment, or if you friends had bruises or witness. It would also back up his story. Another thing that your friend can do, is call on the arresting officer and put him on the witness stand and try to make him stated that the landlord attack him.
I not sure there is any precedents, but if your friend can shown that the landlord didn't given your friend notice and just came into the apartment, or if you friends had bruises or witness. It would also back up his story. Another thing that your friend can do, is call on the arresting officer and put him on the witness stand and try to make him stated that the landlord attack him.
You can't use a weapon, let alone a restricted weapon, to "calm" a person down or because a "person won't listen to reason". You can only use physical force on another if you are being assaulted, to protect someone else from being assaulted, or to stop a person in the commission of or in direct flight from a criminal act.
Also, unless the cop actually witnessed the attack, the cop can't go on the stand and say the landlord attacked the tenant. From the story, it's clear the cops were called after the incident..
12-01-2006 | 02:45 PM
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Originally Posted by Charlie_Chaos
Landlord Must give atleast 24 hr's notice to enter the premises.
If he was attacked in his home it's one thing.
If he Started with the other person then ran inside that's something else.
If he was attacked in his home it's one thing.
If he Started with the other person then ran inside that's something else.
Tenant Protection Act of Ontario
Entry into Rental Unit or Residential Complex
Privacy
19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19.
Entry without notice, emergency, consent
20. (1) A landlord may enter a rental unit at any time without written notice,
(a) in cases of emergency; or
(b) if the tenant consents to the entry at the time of entry.
Same, housekeeping
(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,
(a) the landlord enters the unit at the times specified in the tenancy agreement; or
(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.
Entry to show rental unit
(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,
(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;
(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20.
Entry with notice
21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
3. To allow a potential purchaser to view the rental unit.
3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.
4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186.
Same
(2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 1997, c. 24, s. 21 (2).
Entry by canvassers
22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material. 1997, c. 24, s. 22.
Changing locks
23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.
Same
(2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 23.
Privacy
19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19.
Entry without notice, emergency, consent
20. (1) A landlord may enter a rental unit at any time without written notice,
(a) in cases of emergency; or
(b) if the tenant consents to the entry at the time of entry.
Same, housekeeping
(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,
(a) the landlord enters the unit at the times specified in the tenancy agreement; or
(b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.
Entry to show rental unit
(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,
(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;
(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20.
Entry with notice
21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:
1. To carry out a repair or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
3. To allow a potential purchaser to view the rental unit.
3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.
4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186.
Same
(2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 1997, c. 24, s. 21 (2).
Entry by canvassers
22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material. 1997, c. 24, s. 22.
Changing locks
23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.
Same
(2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 23.