Police are defending the decision to charge a homeowner with assault after an altercation with a man who had allegedly broken into his home in southern Ontario.
Kawartha Lakes police say they responded to an apartment in the town of Lindsay, around 120 kilometres northeast of Toronto, at around 3:20 a.m. on Aug. 18 for reports of an altercation.
The resident of the apartment had woken up to find another man inside his home. There was allegedly an altercation, and the intruder suffered serious, life-threatening injuries. He was then airlifted to a Toronto hospital.
The homeowner, a 44-year-old man from Lindsay, has been charged with aggravated assault and assault.
The alleged intruder, a 41-year-old Lindsay man, was already wanted by police at the time of the incident and is facing additional charges of possession of a weapon for a dangerous purpose, break and enter, theft, mischief under $5,000, and failure to comply with probation.
Police issued a statement on Wednesday in response to the “significant public interest and emotional responses” the incident had generated, with Kawartha Lakes Police Chief Kirk Robertson defending his officers and their actions against the negative commentary.
Robertson noted that investigators examined all the information and evidence available before laying charges, and that only a limited amount of information is being released to the public.
“Under Canadian law, individuals have the right to defend themselves and their property … However, it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportionate to the threat faced,” read Robertson’s statement. “This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances.”
Ontario premier says residents should be allowed to protect themselves
Premier Doug Ford commented on the incident, saying people should be able to protect themselves in their own home.
“Something is broken … You should be able to protect your family and someone’s going in there to harm your family and your kids. You should use all resources you possibly can to protect your family, and maybe these criminals will think twice about breaking into someone’s home.”
Joseph Neuberger, a criminal defense lawyer, said he understands why the public would be frustrated when the victim of a home invasion has been charged, but reiterated what police said about the use of force being proportional.
“In the U.S., you can do pretty much anything in defending your home. And Canada does not have the same type of provision. We have self-defense laws, so you can defend your property and yourself and loved ones. But as the police have noted it’s important to ensure that the force used is
proportionate. In other words, there has to be no excessive force,” Neuberger explained.
If you find yourself as the victim in a home invasion looking to defend yourself, Neuberger said that whatever force you’re meeting to repel, you have to try and use something similar or a little bit more than it is, but not something too excessive, but added it’s not always easy to make that determination.
“It’s very difficult to measure in the bands, especially when it’s highly emotional. You’re worried about people in your midst, you’ve never experienced something like this. It’s very, very challenging.”
But he added ultimately it’s up to the courts to determine.
“This is a very difficult analysis that [police] have to do. They may have got it wrong in these circumstances, but that’s what trials are for. It’s difficult circumstances. We have to understand the police are there to help us. And so we’ve got to keep that in mind.”