26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
R.S., c. C-34, s. 26.
Marginal note:Use of force to prevent commission of offence
27 Every one is justified in using as much force as is reasonably necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).
Extracts from Criminal Code. If Stanley didn't claim the rifle discharged accidentally, would he have a defence under 2.27 of the Code??
The problem with the "racism" argument is that Stanley was acquitted by 12 jurors. The jury wasn't hung by 2 or 3 racists. Now think: - A rural jury is going to be a mixed batch. A couple of racists? - Maybe. But also a few conscientious, decent people who just wanted to make a fair decision.
Unless you accept that SK is a cesspool of racism, you have to believe that at least some of those jurors who voted for acquittal felt that Stanley acted in an acceptable and reasonable way.