After a decision to accuse a man for allegedly assaulting an intruder in his home in Lindsay, Ontario, caused a generalized reaction this week, a criminal lawyer has a reminder to the public: self -defense is legal in Canada, but within reason.
The Kawartha Lakes police service has faced criticism of accusing a 44 -year -old man after an altercation that left the alleged intruder with injuries that threaten life on Monday morning in the small city to the northeast of Toronto. The police have provided few details, but says that the resident faces charges for aggravated assault and assault with a weapon, and the intruder, which also faces charges, was transferred by plane to the hospital later.
The incident even caused the reaction of the Prime Minister of Ontario, Doug Ford, who intervened in the case on Wednesday, saying that charges against the resident show “something is broken.”
But Tonyya Kent, a criminal lawyer with headquarters in Toronto, says that the public reaction against charges, even Ford, is premature given the lack of information about the case. She says that some of the concerns about charges are also wrong.
“I have seen numerous comments on Twitter about how there is no self -defense in Canada, when we have a section that deals with self -defense,” he said. “I think part of public fear is the wrong information of much of the time that is passed online about the way the law works in Canada.”
If someone assaults a person pushing them, for example, that person cannot collect a baseball bat and start beating them and claim self -defense, he said.
“That is not a reasonable force.”
The right to self -defense comes with limits
Several people in Lindsay told CBC Toronto this week that they felt that the resident was justified by defending themselves and should not face legal consequences.
“In my opinion, the guy is receiving a difficult trip,” said Tom Martin, who lives with his wife and two children. “He probably did what he thought it was better to protect himself, his family and his property, and he would have done the same, so I hope he receives some support.”
He said Canada should allow people to “use the necessary strength to defend their home and family.”
Similarly, Ford told reporters Wednesday that “you must use all the resources to protect your family.”
But Kent says that Canadians have the right to defend themselves, that right comes with limits.
“It is not a situation in which, suddenly, if someone is at home, they just have to go to bed and afford to be attacked or lying down and allow themselves to be stolen or simply wait for this person to leave,” Kent said. “But strength has to be within the reasonable and not excessive.”
While the details of the case are thin, he said that some information suggests that the charges against the resident may be reasonable.
The aggravated assault, for example, is a serious position that can involve something as severe as someone mutilated, he said. The alleged intruder was transferred by plane to the hospital, “which means that any Lindsay hospital could not deal with the injuries that this person had,” he said.
The charges against the resident have not been tested in the Court.
Police defend charges
Kawartha Lakes police chief Kirk Robertson wrote in a statement on Wednesday that he acknowledges that the incident has generated a significant public interest and emotional responses, but described the comment “unfair and inaccurate.”
“According to the Canadian law, people have the right to defend themselves and their properties,” Robertson wrote.
“However, it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportional to the threat faced. This means that, although the owners have the right to protect themselves and their property, the use of force must be reasonable given the circumstances.”
He added that the reason why the police published few details is to protect the investigation.
The alleged intruder, a 41 -year -old man from Lindsay who was sought by the police in unrelated crimes, has been accused of possession of a weapon for a dangerous purpose, breaking and entering and robbery, mischief below $ 5,000 and not complying with probation.
