I was in a situation recently where I had to use a walking cane to defend myself against an assault in my own apartment. Although I used restraint and did not assault this man, he has decided to file private charges against me for 'Forcible Confinement' and 'Assault with a weapon'. These charges had to be made privately, since the police think this man is lying.

To my surprise, I have discovered that this is a common tactic amongst muggers, abusers, psychopaths, and bullies in general. If you respond to their physical assault by using force yourself, they are likely to call the police and have you charged as the one that started the fight. Both sides will claim 'self-defence'. If you are unaware of your rights, or inarticulate before the police or a judge, you might find yourself in trouble.

There is a fine line seperating 'self-defence' from 'assault'. Under Canadian law, every citizen has the right to defend themselves, even if they use a weapon to do so. As a martial artist, you will be held to a greater degree of responsiblity that the average citizen...since you are more in control of how much damage you can inflict.

An excellent book that I received in the mail about this is 'Canadian Law & Self-Defence' by Ted Truscott. I was quite impressed with Ted Truscott's video on 'Raising Canes', which is self defence with a walking cane. This book goes on to explain justified use of force under Canadian law, when the use of force is appropriate, rights to citizen's arrest, as well as the weapons that are restricted and permitted to carry under Canada's laws.

Although the laws are different in Canada than they are in the United States, American readers might also find the book useful as far as legal procedures, rationale, etc. For example, Canadian law states that you may use enough force against an aggressor to stop them. You may not use excessive force, such as to 'punish' your assailant or to 'make sure he doesn't do it to someone else'. This would be seen by a jury as 'indulging' in violence.

While in American law, you may use force, including deadly force (a gun) to prevent a burglar from breaking into your house, but you CANNOT use a gun to shoot a burglar leaving your house with your property, regardless of the value. This means if you shoot a burglar for stealing your $50,000 diamond necklace, you will be charged with MURDER.

Check out more at pacificcoast.net/~ttruscott/