The Lindsay, Ont., man charged in an early-morning break-in last week wielded a crossbow in the incident and was out on probation at the time, according to court documents filed Wednesday.
The violent episode on Aug. 18 — which led to charges laid against both the alleged intruder, Michael Kyle Breen, and the home’s resident, Jeremy David McDonald — set off a cross-Canada debate over what constitutes legal self-defence.
According to a charge sheet, Breen, 41, destroyed a window and screen at McDonald’s home in Lindsay, part of the city of Kawartha Lakes, in Ontario cottage country. Breen is charged with four counts, including break-and-enter and carrying a weapon — the crossbow — to commit an offence.
A fight ensued after the break-in and police said the alleged intruder was so badly injured, he had to be airlifted to a Toronto hospital.
McDonald, 44, is charged with aggravated assault and assault with a weapon — allegedly a knife.
Two men knew each other
Two acquaintances of Breen separately told CBC News the two men knew each other before the break-in, and court documents list Breen’s residence as an address less than 600 metres from McDonald’s apartment.
Kawartha Lakes police and McDonald’s lawyer Steven Norton previously declined to say whether there was any connection between the two men.
Word that McDonald was being charged in the case touched off reaction across the country and questions about whether Canadians have the right to defend themselves against an intruder.
A man is facing assault charges after allegedly inflicting life-threatening injuries on an intruder at his home in Lindsay, Ont. The case has triggered questions about the limits of self-defence in Canadian law.
Premier Doug Ford suggested at the time that the charges laid against McDonald showed “something is broken.”
“I know if someone breaks into my house or someone else’s, you’re going to fight for your life,” Ford told reporters last Wednesday. “This guy has a weapon … you’re going to use any force you can to protect your family.”
At an event in Inglewood, Ont., today, Ford said part of the problem is also that “judges keep letting people out on bail,” and said he’d “be all over the prime minister about bail reform.”
Previous court records reviewed by CBC News show Breen had multiple run-ins with the law, including charges of failure to comply with a probation order and failure to attend court.
Legal experts have clarified that self-defence is legal in Canada, but that it must be “reasonable.”
Criminal lawyer Tonya Kent told CBC News that if, for example, someone assaults another person by pushing them, that person can’t then pick up a baseball bat and start beating them and claim self-defence.
“That’s not reasonable force,” Kent said.
Criminal defence lawyer Tonya Kent describes what would be ‘reasonable’ and what could be considered excessive force when it comes to defending yourself against an aggressor. She says there is a right to self-defence in Canada — it simply needs to be proportional.
The Lindsay Police Association, which represents members of the Kawartha Lakes Police Force said in a statement on social media last week that “Before laying criminal charges, our members conduct a thorough investigation to ensure any charges align with the available evidence and the Criminal Code of Canada.”
Public records show Breen made his first court appearance in the case on Wednesday, while McDonald is scheduled to appear in a Lindsay courtroom on Sept. 25.
McDonald’s lawyer Norton previously said his client “maintains his innocence and was acting within his rights to defend himself and his property.”
