Conservative Leader Pierre Poilievre is urging the Canadian government to adjust the Criminal Code to presume reasonable use of force when dealing with individuals who unlawfully enter a home and pose a threat to occupants. Poilievre expressed his concerns during a press event in Brampton, Ontario, stating that the current system often treats victims as offenders and offenders as victims.
As per the existing law, individuals are not considered guilty if they reasonably believe that force or the threat of force is being used against them or someone else. The defensive action taken must be aimed at safeguarding oneself or others and must be deemed reasonable considering the circumstances.
Poilievre introduced the “stand on guard” principle, emphasizing that individuals defending their homes should not be burdened with analyzing nine different conditions. He criticized the complexity of the legal doctrine, stating that it is unfair to apply such intricate rules when people are simply acting in self-defense.
The Conservative leader proposed that the federal government adopt the “stand on guard” principle, or else a Conservative Member of Parliament will pursue the idea through a private member’s bill. Justice Minister Sean Fraser responded in a social media post, highlighting that Canadians already have the right to self-defense under a law introduced by former Prime Minister Stephen Harper, with Poilievre’s support.
Poilievre invoked the concept of “your home is your castle,” alluding to the castle doctrine that grants homeowners the right to protect themselves against intruders. The Conservative party’s press release cited the case of Cameron Gardiner from Collingwood, Ontario, who fatally shot two masked men that had restrained him during a home invasion in 2019. Although Gardiner was initially charged with manslaughter, the charges were later dropped in 2021.
The recent incident in Lindsay, Ontario, involving Jeremy David McDonald, who faced charges after defending his home against an intruder wielding a crossbow, has sparked a debate on Canada’s self-defense laws. Legal experts have reiterated that self-defense is lawful in Canada and have raised concerns about misinformation surrounding the case in Ontario.