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There are always many rapidly changing dynamics
The rising number of home invasions and residential break and enter occurrences where residents are in their homes is concerning to say the least.
To add fuel to that fire, it has been reported that Canada now has more ‘home invasions’ per capita than our neighbors to the south. It is difficult to accurately compare Canadian and U.S. numbers due the vast differences between our countries as to how such data is collected, categorized and reported on. Although I don’t believe that any of our crime stats begin to compare to those of the U.S., the fact that Canada could even be close is alarming.
Media stories describing horrendous incidents of murder and the sexual assault of a child during one of these events, as well charges being levelled against a man that retaliated and seriously injured a criminal that broke into his apartment in the middle of the night, have churned up significant public debate. Subsequently, comments made by Premier Doug Ford regarding how he would react if victimized, as well as remarks made by an Ontario police Chief at a media scrum have brought the discussion to a fever-pitch.
Premier’s Comments
I totally get where Premier Ford is coming from following the City of Kawartha Lakes case, when he stated words to the effect that: “I’d rather be tried by twelve than carried by six”. I’ve said those very words, regarding ‘no other option’ scenarios, but I really don’t think politicians need to comment about issues before the courts without knowing all the facts.
We truly do not know the details of what happened in the case where both the intruder and the homeowner were charged by police, however, the police and the Crown Attorney do. The resulting trial may well show that the circumstances quite warranted both men being charged.
I suspect that although the man there would likely be justified to use deadly force against an intruder armed with a crossbow, perhaps at some point he went too far. Time will tell.
Comments by York Region Chief
I know Chief MacSween. He’s a bright and experienced police chief of one of the largest and best police services in this country.
I listened to his comments several times. What he said when commenting from his prepared text was in essence, “If at all possible get away from the situation and let the police handle it.” Those words were similar to the well-publicized terrorist attack adage: “Run, hide, fight”. In other words, don’t try to take on terrorists, RUN, and if you can’t run then HIDE, and if you can’t – then FIGHT like hell.
He also said he was, “...urging (people to) not to take matters into their own hands…”, and “…urge (people) to call 911 and do everything you can to keep yourself and your loved ones safe...” He added, “Don’t engage unless absolutely necessary…” That was his messaging and in my mind makes complete sense.
But then in answer to a reporter’s question, he said: “The best defense is to comply.” That short verbiage became the story that people are clinging to and IF that was all he said that day I’d be concerned too. But it’s not.
Only engaging to protect yourself or your loved ones does not mean comply and sit on your hands while your child is being sexually assaulted. My God, that is the last thing he would ever suggest or would ever do himself.
The Law
The right to use force in self-defense has been long entrenched in the Criminal Code of Canada, however it’s not a catch-all.
Section 34 gives the authority for anyone – not just police, to use force to defend themselves or another.
But it has to be “reasonable”. So, in the Kawartha Lakes case the question for the Judge or Jury to decide at trial will be, did the man use “reasonable” force to defend himself from the intruder?
In these cases, IF the perpetrator is disarmed, restrained or rendered unconscious, does section 34 give authority to the homeowner to continue to beat, or shoot or stab the perpetrator to death? NO. That would not be reasonable. When the perceived threat is gone, so is the authority to use deadly force in defense of yourself or loved ones. Being pissed off is not grounds to use force. Otherwise, every employee, supervisor, teacher, student, husband and wife, etc., would be justified every minute of every day.
The federal Leader of the Opposition, Pierre Poilievre, stated his belief that the fear of death or serious bodily harm should be “presumptive” in Canadian law. That’s dangerous in my view. We still must be accountable for the use of deadly force and not automatically be covered by presumptive legislation.
Otherwise, if your drunken neighbor who is known to you wanders into your home with nothing in his hands, you could presume he is there to cause serious bodily harm or death and shoot him. Is that we want in Canada? I don’t believe for a minute that it is. We are not a country where there are more guns than people and kids are not being shot here for playing nicky nicky nine door.
The current law allows for the Judge or Jury to decide whether the fear of death or serious bodily harm was reasonable and whether or not the amount of force used to retaliate was reasonable. I truly believe the police and courts will err on the side of caution in terms of prosecuting and convicting a person in the “iffy” situations that arise.
There will be extreme examples one way or another – some clearly a serious threat and others clearly not. If a stranger with a gun, knife or a crowbar kicks in your door at 3 am it would be an easy decision to use as much force as necessary. Of course, if you are subsequently able to disarm and gain physical control of them, you have most likely eliminated the threat.
Conversely, if an unarmed neighbor’s child comes into your home at 2 pm, in my view it is an easy call.
Then there are many greyer examples possible in between those extremes. In any of these cases, if you can get you and your family out of there to be safe when you hear a window or door broken, why not? I realize that these are tough life or death decisions for untrained citizens and every situation will be different – each one changing in a heartbeat. There’s always a ton of potential variables.
Police officers must make similar decisions every shift they work and even for trained professionals it is seldom easy.
Most often intruders have no intent to harm anyone, but they are just looking to steal and are surprised that anyone is home. It may be a case of “Give me your money and car keys and we’ll be out of here.” Fine. No personal property is worth losing your life over. Another judgment call on your part, but you would have to err on the side of caution. Hiding, fleeing or even negotiating with thieves that don’t want to be murderers may be the best response. It’s not totally “complying” per se but is more bartering to save lives.
What would I do?
When faced with a serious threat like an intruder entering my home at night (armed or unarmed – it can be difficult to determine), IF I could slip my family out a back door to safety, I would. If I could negotiate our way clear I would, and if I couldn’t do that or was unable to keep them or myself safe, I’d do anything humanly possible to neutralize the threat. That includes using deadly force with fists, feet, elbows, knees, teeth or whatever weapon I could get my hands on. At any step along the way, I’d notify police when possible and continue to make decisions in favour of the safety of my family, first and foremost.
What I wouldn’t do – nor would Chief MacSween I’m sure, is fold up like a cheap suit, cry, suck my thumb and let the bad guys do whatever they want to my family. Never.

