Conservative Leader Pierre Poilievre’s suggested amendment to the Criminal Code, aimed at bolstering legal safeguards for individuals protecting their homes, has been deemed by legal experts as lacking in tangible benefits. Poilievre’s proposal follows the recent case in Lindsay, Ontario, where a 44-year-old man faced charges for allegedly assaulting a home intruder. Despite Poilievre’s call to amend the Criminal Code to presume that using force against an unauthorized home invader is justifiable, legal experts argue that existing Canadian laws already favor homeowners in such scenarios, rendering Poilievre’s initiative redundant.
According to Noah Weisbord, a law professor specializing in self-defense cases at McGill University, the burden lies on the prosecution to demonstrate beyond a reasonable doubt that the force employed against an intruder was disproportionate. Section 34 of the Criminal Code outlines the principles of self-defense and defense of others, stating that individuals are not guilty of an offense if they reasonably believe that force is being used against them or someone else. The defensive action must be deemed necessary and reasonable given the circumstances.
Criminal defense lawyer Kim Schofield expressed concerns that Poilievre’s proposed amendment may complicate matters and potentially endanger the public by introducing a presumption of reasonableness that could lead to unintended consequences. She emphasized that individuals must act reasonably and within the bounds of the law when faced with threatening situations, cautioning against hasty and potentially harmful actions.
Weisbord warned against adopting laws similar to Florida’s Stand Your Ground statute, which grants immunity to individuals who use force, including deadly force, in self-defense situations. He highlighted the potential risks to marginalized communities if such laws were implemented in Canada, citing past cases where legal immunity led to tragic outcomes. Weisbord stressed the importance of maintaining a balanced legal framework that safeguards both individuals’ rights and public safety.