What are the criteria required for a successful duress defense under section 17 CC?

The criteria for a successful duress defense under section 17 of the Criminal Code of Canada hinge on the nature of the threat involved. Specifically, the correct option pertains to the requirement that the threat must involve immediate death or serious bodily harm. This is fundamental because the essence of the duress defense is that the accused committed a criminal act under compulsion due to a direct and imminent threat to their physical safety or life, which would render their actions involuntary.

When an individual faces a threat of serious harm or death, it creates a situation where they may feel compelled to act against the law as a means of self-preservation. It is crucial that the threat is immediate because a right to act under duress only exists where there is no reasonable avenue of escape available and where the threat is pressing.

Other proposed criteria do not align with the legal framework of duress under section 17, as they address aspects not directly relevant to the core definition of facing an immediate threat. Understanding this context helps clarify the importance of the nature of the threat in determining the legitimacy of a duress claim.