Conservative Leader Pierre Poilievre is urging the federal government to revise the Criminal Code to assume that the use of force is justified when someone unlawfully enters a residence and poses a threat to its occupants. Poilievre expressed his concerns about the current system during a press conference held in Brampton, Ont., stating that victims are often treated like criminals under the Liberal administration.
According to the existing law, Canadians are not deemed guilty if they have reasonable grounds to believe that force or the threat of force is being used against them or another individual. In such cases, the defensive action must be taken to protect oneself or others and must be deemed reasonable in the given circumstances.
Courts evaluate nine factors to determine the reasonableness of a defensive act, including the nature of the threat, the physical abilities of those involved, their history, and the potential use of weapons. Poilievre criticized the complexity of these conditions, arguing that individuals defending their homes do not have the luxury of considering such factors in a split-second decision.
The proposed “stand on guard” principle, introduced by Poilievre, aims to clarify the provisions in the Criminal Code regarding self-defence in situations where intruders illegally enter a home and threaten its occupants. Failure to implement this principle by the federal government may result in a Conservative MP presenting it as a private member’s bill.
Responding to Poilievre’s proposal, Justice Minister Sean Fraser mentioned that Canadians already have the right to defend themselves under a law introduced by former Prime Minister Stephen Harper, with Poilievre’s support. Fraser criticized Poilievre for targeting law enforcement officers in pursuit of a photo opportunity, asserting his trust in the police and the judicial process.
The concept of “your home is your castle” was emphasized by Poilievre, alluding to the castle doctrine that allows homeowners to protect themselves from intruders. The Conservatives highlighted the case of Cameron Gardiner from Collingwood, Ont., who fatally shot two masked intruders in a home invasion scenario in 2019. Although Gardiner faced manslaughter charges initially, they were later dropped in 2021.
Recent incidents, such as the one in Lindsay, Ont., involving Jeremy David McDonald, who was charged with aggravated assault after defending his home against an intruder armed with a crossbow, have sparked discussions on Canada’s self-defence laws. Legal experts have reaffirmed the legality of self-defence in Canada and addressed concerns about potential misinformation surrounding such cases.
