Conservative Leader Pierre Poilievre says the Criminal Code should be updated so force is automatically considered reasonable when protecting your home and family from an intruder. The Canadian Press
Conservative Leader Pierre Poilievre wants the federal government to amend the Criminal Code. He says Canadians should have a clearer right to defend their homes and families. He made the comments in Brampton on Friday.
The call comes after charges against an Ontario man sparked public outrage. That man faced assault charges after an alleged intruder entered his apartment armed with a crossbow.
What the Current Law Says
At present, Canadians can defend themselves if they believe force is used against them. The law requires that their actions remain “reasonable in the circumstances.”
The Code lists nine factors judges must consider. These include the nature of the threat, the use of weapons, and the size, age, and gender of those involved.
Poilievre says this list is too complex.
“If you’re defending your house, you don’t have time to think through nine different conditions,” he said. “You have one condition -- to protect yourself and your kids.”
Conservative Proposal
Poilievre says if the Liberals do not act, his party will. Conservatives plan to table a private member’s bill to define what “reasonable” means.
He explained the proposal.
“Two things, if someone enters your home illegally and uninvited, and two, you reasonably believe they are a threat to your family then it is assumed that all the force you use against that person is reasonable and legal,” Poilievre said.
Federal Response
Justice Minister Sean Fraser rejected the idea.
“This isn’t the Wild West. It’s Canada,” Fraser wrote online. He said Canadians already have protections under a law passed in 2012 by former prime minister Stephen Harper. Fraser added that police and judges should decide charges based on evidence.
Ontario Case Sparks Debate
Public attention grew after 44-year-old Jeremy David McDonald was charged with assault. Police allege he confronted a man who broke into his Lindsay, Ontario, apartment on August 18.
The intruder, 41-year-old Michael Kyle Breen, carried a crossbow. He was hospitalized with serious injuries. Breen now faces several charges, including break and enter and possession of a weapon.
Ontario Premier Doug Ford criticized the charge against McDonald. He said it proves “something is broken.”
Legal Views
Defence lawyer Melina Macchia says cases like McDonald’s are rare. She believes the current law prevents unnecessary escalation.
“The law is designed so people don’t just shoot or stab as soon as an intruder enters their home,” she explained.
Macchia said force should match the threat. For example, using a bat against someone holding a bat may be seen as reasonable. Shooting that person would likely not.
Past Cases and Expert Opinions
Poilievre pointed to a 2023 case in Milton, Ontario. Ali Mian faced murder charges after shooting one of several armed intruders in his home. Prosecutors later dropped the charge.
Law professor Colton Fehr says the 2012 law already works.
“It is, on the whole, a very good piece of legislation,” he wrote. But he warned against broader changes. Giving homeowners unrestricted rights, he said, could amount to “a license to kill.”
