After a decision to charge a man for allegedly assaulting an intruder in his home in Lindsay, Ont., sparked widespread reaction this week, one criminal lawyer has a reminder for the public: self-defence is legal in Canada, but within reason.
The Kawartha Lakes Police Service has faced criticism for charging a 44-year-old man after an altercation that left the alleged intruder with life-threatening injuries Monday morning in the small town northeast of Toronto. Police have provided few details but say the resident is facing charges for aggravated assault and assault with a weapon, and the intruder, who is also facing charges, was airlifted to hospital afterward.
The incident even prompted reaction from Ontario Premier Doug Ford, who weighed in on the case Wednesday, saying the charges against the resident show “something is broken.”
But Tonya Kent, a criminal lawyer based in Toronto, says public backlash against the charges — including from Ford — is premature given the lack of information about the case. She says some of the concerns about the charges are also erroneous.
“I’ve seen numerous comments on Twitter about how there’s no self-defence in Canada, when we fully have a section that deals with self-defence,” she said. “I think part of the public fear is a lot of the time misinformation that is passed around online about the way that the law works in Canada.”
If someone assaults a person by pushing them, for instance, that person can’t then pick up a baseball bat and start beating them and claim self-defence, she said.
“That’s not reasonable force.”
Right to self-defence comes with limits
Multiple people in Lindsay told CBC Toronto this week they felt the resident was justified in defending himself and shouldn’t face legal consequences.
“In my opinion, the guy’s getting a rough ride,” said Tom Martin, who lives with his wife and two children. “He probably did what he thought was best to protect himself and his family and his property, and I would’ve done the same, so I hope he gets some support.”
He said Canada should allow people to “use any force necessary to defend your home and family.”
Similarly, Ford told reporters Wednesday that “you should use all resources you possibly can to protect your family.”
But Kent says Canadians do have the right to defend themselves — that right just comes with limits.
“It’s not a situation where all of a sudden if someone’s in your home, you just have to lay down and allow yourself to be assaulted or lay down and allow yourself to be robbed or just hope that this person leaves,” Kent said. “But the force has to be within reason and not excessive.”
While details of the case are thin, she said some information suggests the charges against the resident may be reasonable.
Aggravated assault, for instance, is a serious charge that can involve something as severe as maiming someone, she said. The alleged intruder was airlifted to hospital, “meaning that whatever hospital in Lindsay could not deal with the injuries that this person had,” she said.
The charges against the resident have not been tested in court.
Police defend charges
Kawartha Lakes Police Chief Kirk Robertson wrote in a statement Wednesday that he recognizes the incident has generated significant public interest and emotional responses, but called the commentary “unjust and inaccurate.”
“Under Canadian law, individuals have the right to defend themselves and their property,” Robertson wrote.
“However, it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportionate to the threat faced. This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances.”
He added that the reason police released few details is to protect the investigation.
The alleged intruder, a 41-year-old man from Lindsay who was wanted by police on unrelated offences, has been charged with possession of a weapon for a dangerous purpose, break and enter and theft, mischief under $5,000 and failing to comply with probation.
