Department of Justice

SELF-DEFENCE REVIEW
LAW REFORM RECOMMENDATIONS

FACT SHEET

The Self-Defence Review made several recommendations on how the law should be changed to ensure that women who come before the courts in cases involving abuse are treated fairly.

The Review proposed a model self-defence law. The model consolidates all of the current provisions on self-defence that are, at present, scattered throughout the Criminal Code. It is intended to be simpler, clearer and to provide better guidance to judges and juries on how to approach self-defence claims and apply the law. The model can be found on page 154 of the Final Report.

The SDR also made recommendations in the following areas:

· In all homicide cases, police should be required to consult with a prosecutor to ensure the right charge -- first degree murder, second degree murder or manslaughter -- is being laid;

· Guidelines for prosecutors should require them to consider evidence that may support a defence such as self-defence when considering whether there is enough evidence to justify or continue a prosecution for homicide. Guidelines should also require prosecutors to be extremely cautious when involved in plea discussions concerning homicides to ensure that, in cases where there may be evidence of self-defence, accused are not put at an unfair disadvantage.

· The sentence for second degree murder in the Criminal Code should be amended to allow a jury to recommend leniency in exceptional circumstances. The judge could then determine the appropriate sentence in the circumstances. A life sentence would remain the maximum sentence available.

The Minister of Justice and the Solicitor General of Canada will be consulting with the provinces, who have responsibility for the administration of justice, the legal community, women's organizations and others to decide how the Review's law reform recommendations can be implemented.