Here’s an example that will suffice:
http://www.law-lib.utoronto.ca/bclc/crimweb/bboard/Assault%20in%20Crime%20and%20Tort.pdf
Canadian Criminal Code
PART VIII : OFFENCES AGAINST THE PERSON AND REPUTATION
Assault
- (1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
This is exactly what I am talking about. If you pull out a weapon (pepper spray, taser, gun, knife, makes no difference) you have made me believe that you intend to apply force against me. Since I have a legal right to be in the place, and I have given absolutely no indication that I was a threat to you, you have committed assault by brandishing your weapon.
Every single use-of-force book I have ever read indicates you cannot threaten a person with a weapon unless you are justified in using it. If it’s not justified, it stays in the holster.
Here’s another one:
The California crime of “assault” takes place when you perform an act that is likely to result in the application of force to another person. There is no requirement that an assault must actually result in a violent or forceful act upon another3, only that you
**1.attempted to commit such an act, and
2.had the ability to do so.4**
ONCE AGAIN, if you drew a weapon (pepper spray, taser, no one gives a shit) I perceive that you intended to use it and you have no defense in a court of law. Except for being female.
If there is anyone on the board that doesn’t understand this problem, please answer for me the following question, that I already discussed above. Say I sued you for assault, and my lawyer asked the question:
Lawyer: “When you drew your weapon, did you intend the threaten the plaintiff?”
Woman: “I did not.”
Lawyer: “So why did you draw your weapon?”
Woman: “Ummmmmm…”
What possible answer is there? Did you like the way it smelled? Did you think it was warm and want to give it a hug? **NO. ** The ONLY possible reason you could draw your weapon in this situation is to cause that other person to believe on reasonable grounds, that you have, present ability to effect violence against him.
And that sounds an awful lot like the Canadian definition of an assault. Since you have committed the assault, it is up to you to prove that you were acting in self-defense. Since the male presented no threat to you (at least, until you provoked him by drawing your weapon) you cannot claim that your action was in any way reasonable.
Once again, I have no problem with anyone carrying a knife, pepper spray, taser, guns, whatever. But if I get into an elevator with you, it had better stay in your pocket.