Claim of Right

Claim of Right and Section 39 of the Criminal Code of Canada. That section states:

39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

As we can see, by operating under a claim of right, one gains the right to use force to stop even peace officers from seizing property. How can this be however if peace officers have the right to use force to remove property? The simple fact is, with the inclusion of one, the exclusion of the other automatically develops. Two cannot both have the right to use force to claim a piece of property, unless the intent was to create a gladiator type of situation. Is combat now a spectator sport? Therefore, whenever someone is acting under a claim of right and you try to seize their property, you are not operating lawfully at all! You will not be seizing, or confiscating or removing. You will be committing THEFT and if you use force or a threat of violence you are committing ROBBERY. That’s what section 39 can do.