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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.

Quote:

Originally Posted by RCBH-LIVES

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.

claim self defense and u will get off. if its true or not your buddy has to tell the court he attacked him and he defended himself. courts will believe him over the guy who broke in.

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.

Quote:

Originally Posted by RCBH-LIVES

Room as in apartment, or room in a shared house?

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?

his lanlord cannot just enter. its invasion of privacy.

Quote:

Originally Posted by YellowCavy

his lanlord cannot just enter. its invasion of privacy.

No, it's not that simple. While a tenant may have certain rights regarding privacy and control of access to their rented premises, a landlord also has rights over the property he or she owns. The Landlord Tenant Act balanaces out the respective rights and obligations of landlord and tenant.

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?

i still find it funny that this guy sprayed someone with pepper spray. i can tell your friend is a manly man's man!

Quote:

Originally Posted by Password:JDM

dude your not funny

"dude" then don't answer.

Quote:

Originally Posted by gldwngr

Ya theres a big part missing from this story.:smilie_da

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.

Quote:

Originally Posted by lordmorg

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..

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.

Quote:

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.

Tenant Protection Act of Ontario

Quote:

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.

thanks guys. well he called the landlord some names. guy chased him upstairs and my bud tried to hold the door closed. landlord forced his way in and attacked him. cop said cause landlord called cops and gave statement first so my guy gets charged. and he sprayed him with the spray when he broke into room. he said they said stuff going on. this guy has no luck. cop told him if he had a lease or didnt share washroom/ kitchen it would be different.

Quote:

Originally Posted by RCBH-LIVES

thanks guys. well he called the landlord some names. guy chased him upstairs and my bud tried to hold the door closed. landlord forced his way in and attacked him. cop said cause landlord called cops and gave statement first so my guy gets charged. and he sprayed him with the spray when he broke into room. he said they said stuff going on. this guy has no luck. cop told him if he had a lease or didnt share washroom/ kitchen it would be different.

There you go, which is why I asked earlier if it was an apartment or just a room in a shared house.

Belive it or not.

Pepper spray is considered a weapon, I was once swarmed by police and security guards at a mall parking lot (wont say name), they were trying to arrest me (no not for shop lifting).. When i resisted the cop tried to spray me with pepper spray.. little did he know I had my own, little black plastic bottle with hand grips, it was bear repelent pepper spray I always carried it on me cause i was caught up in stupid things when i was a bit younger and its automatic 5 years to carry a hand gun. anyways I pulled mine out and started spraying them back, the one cop i got instantly started vomiting, and sprayed back into my eyes so now none of us can see .. anyways to make a long story short they arrest me I ended up with obstruction to police X3 and assault with a weapon cause of the pepper spray. ps. Cop was not charged for spraying his lol

Quote:

Originally Posted by 1sickcrx

spraying a cop, brilliant! you are not a very bright person are you?

Quote:

Originally Posted by StealthZ

spraying a cop, brilliant! you are not a very bright person are you?

Cops are on power trips he sprayed his at me.. i dont a **** if hes a cop or not hes only human to me, punch me ill punch you back plus there were more of them ima defend myself..

Quote:

Originally Posted by 1sickcrx

Cops are on power trips he sprayed his at me.. i dont a **** if hes a cop or not hes only human to me, punch me ill punch you back plus there were more of them ima defend myself..

not very bright are we?
you seem like a person who does not have any common sense, so ill help you with that.
if a cop tried to detain you, do you:
a) fight back so that he, and his fellow cops pound the outta you. that makes you look real tough and a record is always a nice thing to have...makes you look badass...whoops...i mean looks like an idiot.
or
b) relax and use words instead. don't fight back and he wont either.

if you said "a", time to go back to school and grow up. get out of that stage that you think you're tough.

yes, cops are humans. the only diff is that human has the authority to punish you for breaking the law, and he has the right to, while you are left sitting behind bars with your thumb up your ass. but you' still be cool, right?

Quote:

Originally Posted by StealthZ

spraying a cop, brilliant! you are not a very bright person are you?

Look at you rush to the Defence of the cop.

Either your a Cop or daddy's a cop.

Either way ...... Who the F^ck asked you to judge his actions???

You never did anything stupid when you were young???

No wonder nobody likes you.

Your a judgemental F^ck.

That's just an observation.

Quote:

Originally Posted by Charlie_Chaos

am i a cop? no. is my daddy a cop? no.

i'm just a lot smarter then he is to know that abusing a cop will get you in more then it would do you good. are you that stupid as well not to know that either? if you're asking if i've ever harassed a cop, then no, i haven't, i'm not a complete moron.

Quote:

Originally Posted by StealthZ

So your admiting to being a partial moron...just not a complete moron. That answers ALOT of people's questions on here.

Quote:

Originally Posted by Kenton

So your admiting to being a partial moron...just not a complete moron. That answers ALOT of people's questions on here.

if by partial moron, you mean i do not know EVERYTHING, then yes. nobody knows EVERYTHING, and if you think you do, then you're a complete moron.

your very clever by trying to insult me by now calling me a moron?!?!? Common, I expected more from you of all people.

im just curious what kind of guys carry around pepper sprary? thats degrading for a man to carry around

In response to the original post, your friend can get legal aid for free.