A recent incident in Ontario has surprised many people with the legal consequences. It also highlights differences between Canadian and American criminal law. Police in Lindsay, Ontario, have faced criticism for charging a man with assault after he took on an intruder who broke into his home. The reaction was widespread and quick across the province, with many legal experts responding. Most agree that self-defense is legal in Canada, but only within reason.
A 44-year-old man has been charged with multiple assault charges after he left an alleged home intruder with life-threatening injuries. Court documents said the intruder was armed with a crossbow. He was air-lifted to the hospital and also faces charges.
Many were surprised that police also charged the homeowner, including Premier Doug Ford.
“Something is broken. I know if someone breaks into my house or someone else's, you’re going to fight for your life,” Ford said. “This guy has a weapon; you’re going to use any force you possibly can to protect your family. I’m telling you, I know everyone would.”
Ford said enough is enough.
“People are done with this. They’re absolutely done; they’re finished. You should be able to protect your family when someone’s going in there to harm your family and your kids,” Ford said. “You should use all resources you possibly can to protect your family. Maybe these criminals will think twice about breaking into someone’s home.”
Ford used the incident to bring up his concerns about the bail system in Canada, since he said the alleged intruder was already wanted by police. On the street, most public sympathy was with the homeowner.
“I think you should be able to use any force necessary to defend your home and your family,” Ford said. “A person should be able to, you know, prevent that, cause who knows what the perpetrator would have done to him. It’s self-defense, personally, kind of sucks a bit for him.”
Police in Kawartha Lakes defended their decision to charge the homeowner. Under Canadian law, people have the right to defend themselves and their property, but there’s a limit to what they can do in that defense. Joseph Neuberger is a Canadian criminal lawyer.
“We do have sufficient self-defense laws that are broad enough that if an individual comes in with a knife or a gun, and you are at serious risk of bodily harm or death, you can respond with lethal force,” Neuberger said.
Kim Schofield is also a criminal defense lawyer. She said there is still a great deal of misinformation about what is legal in self-defense.
“Unlike the American situation, where you can do anything to defend your home, in Canada, we do anything that’s reasonable. Or proportionate in the circumstance,” Schofield said. “But we don’t need to measure force because it’s impossible to measure force at a point when you’re afraid, your adrenaline’s high. So, it really is context-based. Now the police have discretion whether to charge or not, but in a situation like this, I think they’re really saying we’ll just leave it up to the judge.”
The Kawartha Lakes police chief said he recognizes that the case has generated public interest and emotions, but called the commentary unjust and inaccurate.
