Saturday, June 8, 2019

Manitoba Man Receives 5 Year Prison Sentence for Defending His Home

     

     Dakota Pratt, a 28 Year old Resident of the Birdtail Sioux First Nation Was Sentenced to 5 Years in a Manitoba Court today for defending his home after he woke up to what he described as "a feeling of being stabbed in the head". There before him was a knife wielding intruder, described in the CBC article that originally covered this story as a man named Bunn, attempting to take his life.

     So, in an attempt to defend his life and his Dakota chased him into the hallway and begin struggling with his assailant in an effort to save his own life.  Pratt seized control of the attackers knife and stabbed Bunn 13 times. One of these stabs Pratt made landed in his attackers chest. He kicked his attacker several times afterwards. This is an understandable reaction if you wake up in the middle of the night and someone decides to try to kill you. It is definitely a story that makes sense, he had significant wounds to his scalp and received significant blood loss during the attack.

     If you break into someones house and get killed in the process, from a moral pespective the answer should be tough shit. Especially if you are using a knife to try to kill someone. The head holds some of the most vital organs in the human body and Dakota Pratts attacker could have without a doubt killed him.

     The Canadian standard for self defense is a joke. Until it isn't funny. Canadian self defense law deems it illegal to do anything that is considered "beyond reasonable force". to be exact, the law says:

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself. 

     Of course, there are times where sometimes killing the other person is sadly the only reasonable option to defend ones own life. The Canadian Criminal Code makes an exception for these circumstances:

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.



    Once someone begins going for your head and attacking you with a knife, it is beyond reasonable to think they are trying to kill you. They certainly aren't trying to give you a hug. When two people are struggling over a knife, it can go either way if it falls into the wrong hands. Under Canadian law, it is certainly reasonable to assume that Dakota Pratt was in the right from the laws written for self defense. What kind of a country are we living in when saving your own life can get you 5 years in prison? That wasn't enough for the crown prosecutors, oh no.

          They recommended a sentence of 8 years in prison. To put that in perspective, for Dakota Pratt's actions in defense of his life which to any sane human being he had the complete legal right to do, the court recommended he spend  2920 days of his life, 70080 hours of his life in hours, or 4,204,800 minutes of his life in minutes behind bars, away from his family around dangerous felons, for a few minutes of his life where he stopped a man who wanted to ensure he had no minutes left on his life to spend.

         You would think, clearly this man must be some big time drug dealer. He must have had a significant criminal history for the courts to have given him such a hard time. In actuality he didn't. He only had one blemish on his record which was an assault. Not assault with a deadly weapon, not sexual assault, just assault. An unfortunate human mistake in this mans past many people of all backgrounds make the mistake of doing. Something far behind him.

      This is what the courts definition of justice is turning into in our country. A man that had someone try to kill him can now not survive the incident without serving five years in prison, despite the fact he had every legal right to defend himself. The courts clearly broke the law in sentencing this man, and violated his right to security of the person under the Canadian Charter of Rights and Freedoms. There is nothing about the courts actions that were just, or moral, or in the interests of the him, the citizen or Canada. It was nothing short of an act of government tyranny.

      It is time for Canadians to ask themselves, for cases of self defense, how are the courts reasonable force on reasonable people? Who is really the criminal in this situation, the citizen defending himself, or whoever sentenced him? I'll let you decide.

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58 comments:

  1. Canadians readily permit misleadership in Canada.
    Silence screams tomorrow's pain.
    And theft continues.

    ReplyDelete
    Replies
    1. better to spend a few years in jail than eternity in a pine box.

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    2. Thank you for this opportunity! I also was introduced to Canada.s just-ass system in somewhat the same manner. www.aroadtowalkon.com
      with similar results..

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    3. I think he stabbed the intruder to many times thats why he got time,one stab then a heart shot would do it but 13 times a little much. but he got the job done.looks good on the perp.sorry the fellow got 5 years.

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    4. In the light of this ridiculous case the judge should be sent to prison . If anybody gets lucky enough to survive a situation like this DON'T under any circumstances call the cops . Just get rid of the body , and tell no one . The judge is the biggest criminal around .

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    5. If it had happened to me and that so called judge gave me 5 years, he had better leave the country cause when I got out it would not be self defense!

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    6. He should be exonerated, this is a travesty of justice.

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    7. Are you supposed to lie in bed and just take it till your dead? I believe anyone in their right mind would try their hardest to defend themselves which this man did to protect he and his family! They better get this man out of jail he did what was right. Play fair.

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  2. If things happened as stated and all evidence agrees.this sentence is unnecessary and unjust. I hope he has a chance for retrial or cleared completely and released. A person should have the right to defend himself when assulted.

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  3. If it was an illegal that was the home dweller he would receive a benefit increase. Not 5 years. And if the assailant was a refugee like most crimes committed the Mr.Pratt would be looking at 25 years +.....Pathetic!

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  4. What would do the judge if he would wake up at night like Dakota Pratt?

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  5. The prosecution should not have asked for time in prison, but counseling. This man was woken by an attempt on his life, he was fighting for his life....should not be given punishment for this. Laws need to change. This is a very unique case full self defense.

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  6. "Sentenced to 5 Years in a Manitoba Court today for defending his home" This statement is not quite true and misleading.
    He was charged for stabbing his attacker 13 times (using excessive force)and kicking him afterwards. Once Dakota chased his assailant into the hallway, there was no longer any fear for his life.
    Granted, anyone entering someone's premises without the owner's consent (trespassing) should not have any issue complaining about any harm done to them while assaulting the owner.
    It merely shows that the legal system is favoring the perpetrators and not the victims.

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    1. Its is the RCMP that have the final say in whether a man is charged or not so it is diffently the RCMP that should be blamed as well as the judges who no longer take the circumstances into consideration but want to please the Liberal PM who made this law so to protect his favorite people not the Canadians like they should be doing

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    2. You mean someone can't attack you if they're in the hallway?

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  7. This comment has been removed by the author.

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  8. It never ceases to amaze me that the judge's lack of Judgement, or horrible judgement does not come into our interpretation of this situation. It does not proverbially "Go without saying " that this is taken into account. Our judges are some of THE most biased overly liberal minded individuals promoted to this position. Our Supreme Court is the greatest ( I.e. most horrible) example of idiotic overly Liberal judgments. They have no balance. There is no Yin Yang to their ideologies. Just California style "Feel Good" justice.

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  9. I want to know more about Bunn and how his story brought him to the moment he died, retreating...

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    Replies
    1. Apparently all of this started over the two of them having some sort of disagreement over a woman according to the CBC article that originally reported this.

      https://www.cbc.ca/news/canada/manitoba/vincent-bunn-dakota-pratt-sentencing-1.5165442

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  10. Wow! How many people are actually going to stop and think about what the law states as they defend their own life, family and home? I know I would be fighting tooth and nail to protect myself. And be assured that if I am oozing blood, I am really not too busy caring about what shape the intruder may be in by the time I am done fighting back. I can't say I know of too many people that would be thinking of anything other than to inflict the pain on the intruder so that it hopefully never happens to anyone else. While I value human life, I know that the fight or flight response can be pretty strong. Nobody should have to do time in prison for defending themselves. It is time that our laws in Canada are looked at and changes made. But sadly, we do not have a justice system. We have a legal system. And unless you have money coming out of your butt to afford the best lawyers, innocent people seem to pay the price.

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    1. I thought the law stated that if he was getting back up you could keep fighting. What is to say he wasn't going to turn around and come back at him any time in the near future. Of course if he only shot him once and he died would this be going on in court? He was protecting his life and no enemy retreats and says that's enough for long.

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  11. needless to say another bleeding heart liberal court with no sense of justice.

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  12. Wrong colour of skin for the Self defence law to apply,...and his name ain’t Stanley!

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  13. Discover, some years past, being a victim at the time, that "The Law Is An Ass. This was spoken to me by the Chief Crown Council at the time, no less!

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  14. Get it straight. It's not the rcmp who sentenced him. It is the courts!

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  15. Trudeau sentenced him? Chose the prosecutors and the judge?

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  16. The RCMP that responded could have told the court it was clearly self defense. Obviously they did not. They definitely had a part to play.

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  17. Should hv happen in sask farmers there can kill people on their land with little to no threat to them , walk up to the car an put a bullet into a person head tht u felt was going to harm you or property.
    Never mind tht this guy wakes up to someone already in his home and stapping or cutting into his head so he fights him off an gives him wht he deserves and gets the law book tied around his neck for defending his family,home an his own life .
    Where is the justice ,I feel for this man or laws are so crooked an against the people of this land and yes this is my feeling an yes I'm a caucasian man an I feel there are 2 sets of laws in this country an our judges get to pick an choose which book they use for who an wht they want...

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    1. That is NOT what happened and your statement spreads false ideas as well as fake news.
      Colton Boushie and his posse had been out drinking all night after holding up a liquor store...These young adults were in a pick up with a loaded gun and had already "visited" a neighbor of Mr. Stanley's.
      The Red Pheasant Reserve is run by a mob of criminals and has been for decades. The last Chief was even RE-elected while sitting in jail on corruption charges. This was NOT the first time Mr. Stanley's family had dealt with this problem by these young adults in this area and he was NOT the only family they terrorized for YEARS.
      The gun MISSFIRED because it had been stored improperly, only because Mr. Stanley had had enough and kept it in a place he could access easier to scare these criminals off.
      Mr. Stanley is no longer allowed to carry weapons, even to defend himself or his family and the Chief of this reserve stood on the steps of the courthouse and threatened Mr. Stanley.
      If Colton Boushie had been where he was SUPPOSED to be instead of where he SHOULDN'T have been He would still be alive. These young adults were responsible for his death, NOT Mr. Stanley!

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    2. The blacksheep...exactly well said...

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  18. Why does people again have to bring up the race card in this situation? How the hell does race have anything to do with this specially the Stanley Case?, But one thing I do agree on is that our so called justice system is flawed and does not work for many folks no matter what their race. I do feel bad for the fella who got attacked in his home and was sentenced to 5 years even though one does not know the full story. And it's true just because someone has a minor conviction on record they tend to throw the book at you, now that's prejudice right there. Peace!

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  19. The unknown comment I tend to agree with . I like in it the states ,its seen as self defense .This man without knowing the details defends himself has been stabbed a few times in the head but the victim is seen as the intruder.Your laws make no sense.Its hard not to see why many crimes go unreported.


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  20. RCMP are the first judges on their feet giving 'true evidence'? The court clerk receives the information from the cop! Their judge takes the information from the RCMP...first! Then the 'perpetrator's', then the 'victim'! British rules suck, so do most of their people.

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  21. The supposed section of the crime Bal code shown is false. The section actually reads:

    34. (1) A person is not guilty of an offence if

    (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

    (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

    (c) the act committed is reasonable in the circumstances.

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    Replies
    1. The part you are referring to is a separate part of the criminal code from the other. Here is my source for the information. If you have another source let us know, we want all of our articles to reflect the truth.
      https://en.m.wikibooks.org/wiki/Canadian_Criminal_Law/Defences/Self-Defence_and_Defence_of_Another

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  22. These laws were around long before Justin Trudeau took office... If all the facts you have about a case come from a right-wing blog of course it is going to be misrepresented to serve their perspective. Judges spend their entire lives attempting to uphold our justice system, their don't hand out 5 year sentences for nothing.

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  23. What is the legal position if had used a gun and put a single bullet in the intruders head?

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  24. First of all this guy was visiting his girlfriend and not his home...he beats his girlfriend locks her in his house not on birdtail but sioux valley and beata on her for 2 days all the while his grandmother and daughter is in the home. Comes to birdtail to try get back with his girlfriend goes out drinking earlier that day two whole different people foughtwith him because he was trying to fight a girl. Goes home mad starts on his girlfriend about people always mad at him and trys to fight his girlfriend starts being jealous and accusing her over other men. She takes off from that house. Vince grow up in that house with his aunt and he was always welcomed there when he came home for a visit..IT wasnt Dakota's house. Dakota was standing outside the home waiting for his girlfriend to get home from her aunts. Vince was walking her home because she was scared to go alone and dakota was outside the home...i think dakota should have got more then that he intented to kill vince when he came to birdtail there was instant messages that wasnt used as evidence..in those messages it says im going to birdtail to kill that bastard

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  25. It is called REASONABLE force. This article does not talk about the fact that both men had been out that night drinking at different establishments on the same reserve and it does not say anything about the two individuals being known to each other, they were fighting over a woman.

    I could personally see the owner of the property MAYBE stabbing the guy 3-4 times if the attacker were drunk and wouldn't stay down after the first time he is stabbed...I could even say 5-6 because of adrenaline...this guy stabbed the intruder 13 times...WAY over overkill...there was anger in that and not just because the guy was "scared"...obviously he wasn't scared enough to fight for the knife.

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  26. Our ability to defend ourselves in our own homes in Canada is fucked up. If someone invades my home they might be entering vertically but they'll be leaving horizontally and bleeding.

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  27. lesson if in doubt if you will go to jail, dispose of the body and say you were mugged in the city.

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  28. The law is different for whites and natives,if it was a white farmer he would have walked out of jail that day with a hand shake.

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  29. I agree, somewhat, with posts here but a factual error in the rant needs correction: the head holds one really major body part needed: the brain. The brain is not an organ, it is a muscle so, therefore, the head does not hold any major needed organs.

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  30. A Farmer in Saskatchewan killed an Aboriginal man and he never went to jail. In fact he received praise for defending his property and was it defending his "life" too? So where is justice? In Canada, if you're Aboriginal you go to jail for sneezing!

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  31. People need to learn the facts considering there can be alot more said about this female.. and Dakota was sleeping when and woke up being stabbed in his head...

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  32. It’s unfortunate the laws don’t protect us from individuals that can break into our homes and try and kill us and then we’re charged for protecting ourselves from being killed. We should have the right under the law to protect our loved ones and ourselves from a home invasion that threatens our lives or our family. I wonder if charges would of been brought forward if it was a RCMP or a police officer in the same position.

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  33. Publish the name and address of the crown prosecutor and the judge in this case.

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  34. And that will be the cause and effect of the three S's...

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  35. Let's get a petition started to change self defense laws in Canada.

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