Law professor clarifies manslaughter and reasonable protection of property
The Gerald Stanley trial has unearthed some confusion from the public as to what extent property owners can go to protect their property, or what consitutes manslaughter. According to one law professor, it can vary greatly on the circumstance.
While the Stanley defence team has never taken the position that Gerald was protecting his property, the case has still raised the question for many law experts and many in the general public.
According to Glen Luther, Professor of Law at the University of Saskatchewan, section 35 of the Criminal Code of Canada states someone protecting their property can only react “reasonable in the circumstance.”
“Those last words lack clarity. The judge or jury would have to decide if the reaction by the person who was protecting their property was acting reasonably. There isn’t a lot of other guidance in the criminal code as to what that means. Clearly it’s not simply that someone feels they have to shoot someone to protect their property. I would suspect all judges would hold that to be an unreasonable reaction.”