What is wrong with the justice system?

Question

Okay here are the facts in a St. Catharines, Ontario, Canada case. A young man, 22, and his two brothers aged 16 and 18 are sitting in their home. 4 men break in with machetes and guns saying they are gonna chop somebody up. They attack the 22 year old (he has defensive wounds) and in the process the 22 year old shoots and kills one of the armed intruders. The 22 year old is then charged with manslaughter. WTF???????

link to story: http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=1171207

Somebody explain this to me please, preferrably a cop, lawyer or someone with some actual legal knowledge.

Answer 1

yo i don't wanna hurt your feeling but its because half the cops and people in the system are white and most white people are crooked right off the back you see how they be racist against blacks and rude..and also some of the blacks in the system to are crooked they would treat there own color like that..mainly is jus crooked people and when people are in a high postion like that they usally think they own the world and jus pretend like they own everything on the raod until somebody come knock them up side the head and set them straight

Answer 2

I was unable to get to the website, but chances are a lot of things were either made up by the "victims", or they forgot to mention a few things.  

The media is also good at getting only half the story out as well.

But he has just been CHARGED.  Not found guilty.  If he really is innocent, most likely the judge will declare him not guilty.  

I wish people would quit blaming cops for everything.

Edit: I was finally able to get to this article.  I was right.  There was much left out.

Answer 3

There was probably a little more to it then just 4 innocent guys sitting around. But ya I don't agree he should be going to jail for anything if that's all that happened. But the canadian justice system is way too lenient on criminals...there's so many laws that protect the criminals that the government in the country has totally forgotten the victims of crime.

I also agree with the above post. It seems a little strange. If the attackers were already leaving then no they didn't have the right to go and get a gun and then hold them and shoot them; so that would be considered manslaughter regardless.

Answer 4

I would likewise like to hear the boneheaded reasoning behind the charges.

Since when is it a crime to defend yourself.?  Sheesh!!!

Answer 5

I'm a lawyer in the States.  A brief look through the internet leads me to believe that Canada has similar self defense laws as compared to the US: http://www.self-defender.net/law5.htm

If that is true, the next big question turns upon whether Canada has the "Castle Doctrine."  The Castle Doctrine, which is used in the US, means that you do not have a duty to retreat when attacked in your own home.  In some countries, you have a duty to retreat before using deadly force to defend yourself.  If you have no escape, you can use deadly force.  By looking at the Canadian code sections above, I can't tell if Canada has a Castle Doctrine.

Some issues were apparent in the news article also.  First, why was the body of the boy in the basement when he entered through the back door?  Second, why were the other three boys caught just down the street? If there is evidence that the robbers came into the house, then, seeing the gun, attempted to flee, shooting them in the back would be manslaughter.  Why?  Well, there was no need to use deadly force since the attacker was in retreat.  Once the attacker is in retreat, you no longer have the right to use lethal force, that rule is universal in the US.

Anyway, without more information it's hard to say.  I just find it strange that the one kid was in the basement, seems like he was trapped somehow.  Maybe the shooter had him down there and when the kid tried to escape he shot him.  Again, no need for lethal force.  Also, if Canada doesn't have the Castle Doctrine and the robber is in the basement, it's hard to argue that the shooter could not have retreated.

Edit:  Exactly.  You'll notice also that the whole thing about the machetes only comes from the mom who wasn't even there.  The cops admit that other weapons were at the scene, but they don't say what kind of weapons, who had the weapons, where they were, etc.  Moms are about the least reliable witnesses on the planet, particularly when all they have to say is what their in-custody sons have told them.