Securing fair outcomes for battered women who kill in self-defence: a critical analysis of self-defence law in Canada

Abstract

Traditionally, self-defence law in Canada has been insufficient to accommodate valid claims where battered women have killed abusive partners. Over the course of three decades, calls for law reform have come from the courts, equality seeking groups, and academics. The thesis focuses on the progress made by the courts and what constraints they faced when addressing the 1985 self-defence provisions. The results of these efforts culminated with the passage in 2013 of Bill C-26, An Act to Amend the Criminal Code (citizen’s arrest and the defences of property and persons), legislative reform that brought significant changes to Canada’s self-defence regime. This thesis explores the new self-defence provision from the perspective of battered women who claim to kill in self-defence, asking whether the provision improves on the previous self-defence regime, what challenges persist, and how expert evidence of battered woman syndrome can be used to continue to support decision-making in such cases. Ultimately, it is argued that the amendments improve on the previous self- defence provisions; however, certain modifications are suggested that would further enhance the law.

Date of Award	Jul 2019
Original language	English
Awarding Institution	Queen's University Belfast
Supervisor	John Stannard (Supervisor) & Alessandro Corda (Supervisor)