Charges Dismissed: Assault with a weapon, possession of a weapon for a purpose dangerous to the public ("weapons dangerous")

An assault with a weapon can be proven if a person simply holds a weapon in such a way that another that he threatens by act or gesture to use it against another person. A person uses a weapon in this way will be absolved of criminal liability if he does so within the legal framework of self defence or other applicable defences.

On a sunny winter afternoon, the client and his wife were confronted by a tenant who lived in the basement unit below their home. He banged on their front door, threatened to enter their home, and when the client answered the door the tenant demanded access to a snow shovel which belonged to the client. A struggle soon ensued which saw the client's spouse spouse pulled out of the front door by the tenant and down the stairs from the front porch. The client retrieved a sabre from his collection of display swords and returned to the melee. Standing before the angry tenant with a sword in hand was not enough to deter him. The tenant attacked the client and the fight continued.

The fight ended with the tenant eventually being stabbed such that he could no longer fight, and he taken to hospital. The client and his wife were arrested and charged. The tenant was not charged at all.

At a trial that was supposed to last two weeks, Tyler MacDonald cross-examined the tenant and two neighbours who were called as witnesses by the prosecution. After Mr. MacDonald had finished these cross-examinations, two days into the trial, the Crown prosecutor asked that all charges against the client be dismissed. The defence had clearly shown that the client's actions were justified, and without him even having to testify in his own defence.