Poilievre Wants Criminal Code Amendment for Home Self-Defence

Conservative Leader Pierre Poilievre is calling for legislative changes to limit the prosecution of individuals who have used reasonable force to defend their homes against intruders.

Canadians can currently lawfully defend themselves in case of home invasion but Poilievre said the Criminal Code provisions are too complicated and have resulted in citizens having to serve jail time or be embroiled in costly legal battles after defending themselves.

“What do you do if you’ve got a small child down the hallway and you hear that ominous sound of a home invasion,” Poilievre said during a media event in Brampton, Ont., on Aug. 29. “The answer for any parent is, ‘we would do anything necessary to protect our children,’ but unfortunately, people who’ve done that have faced the brunt of the law.”

“The system treats victims like criminals and criminals like victims,” he added.

Poilievre said he wants the Liberal government to amend the Criminal Code to address the issue. If the government does not, he said his party will table a private members’ bill.

The amendment suggested would modify section 34.2 of the Criminal Code to say that the use of force, including lethal force, would be presumed reasonable if applied against an individual who has unlawfully entered a home and poses a threat to the safety of the occupants.

There are currently nine different factors under section 34.2 to evaluate whether self-defence using force can considered “reasonable,” such as the nature and proportionality of the response and the “size, age, gender and physical capabilities of the parties to the incident.”

“If you’re defending your house, you don’t have time to think through nine different conditions,” Poilievre said. “You have one condition: to protect yourself and your kids. And it is wrong for the law, for the police, and for judges to apply a complicated, indecipherable legal doctrine against you when you are only doing what is right.”

Justice Minister Sean Fraser reacted to Poilievre’s proposal by noting that the current Criminal Code provisions had been introduced by the Stephen Harper government and came into force in 2013.

“Canadians already have the right to defend themselves under a law Harper brought in, with Poilievre’s support,” said Fraser on X. “Now he’s chasing a photo op by attacking police for doing their jobs. I trust police to lay charges and judges to consider evidence over Pierre playing cops & robbers.”

Poilievre has blamed different Liberal laws for the steady rise in violent crime over the last decade, such as on bail reforms (Bill C-75) and the removal of mandatory minimum sentences for some crimes committed with a firearm (Bill C-5).

The debate around reasonable self-defence has heightened amid rising violent crime in recent years, including an increase in carjackings and home invasions.

The Liberal government has said it intends to introduce new legislation this fall to impose stricter bail conditions in response to escalating crime. The Liberals promised during the election campaign that bail conditions would be strengthened for those involved in offences such as car thefts involving violence, and home invasions.

Homeowner Charged

Poilievre made the announcement after a case highlighting the limits of home self-defence in Ontario captured national attention earlier this month. Lindsay, Ont., resident Jeremy McDonald was charged with aggravated assault and assault with a weapon after he allegedly used a knife against suspect Michael Kyle Breen, who had entered McDonald’s home at 3 a.m. armed with a crossbow.

Police said Breen sustained life-threatening injuries from the encounter with McDonald.

Breen was on probation and wanted by police on other charges at the time. Following the incident, he was charged with possession of a weapon, breaking and entering, and theft.

Commenting on the incident last week, Ontario Premier Doug Ford said that “something is broken” in the system regarding the laying of charges against McDonald.

Kawartha Lakes Police Service, which laid the charges in the case, defended its actions following public backlash. Chief Kirk Robertson said investigators had examined all the information and evidence available before laying the charges. He said that homeowners have rights to self defence, but that these are “not unlimited in Canada.”

“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,” he said.

During his press conference, Poilievre mentioned other cases in recent years where homeowners were charged after defending themselves.

Cameron Gardiner of Collingwood, Ont., was zip-tied by three intruders in 2019, one of which was armed with a sawed-off shotgun. He managed to slip free and during a tussle with the intruders over the firearm, two of them were shot dead.

The Crown initially sought second-degree murder charges and later manslaughter charges. The charges were later dropped in 2021, with the Crown seeing no reasonable prospect of conviction. Meanwhile, Gardiner spent six months in jail awaiting bail.

“He was courageous, and this is the price he paid,” said Poilievre. “He was in a legal process for over two years, spending an ungodly fortune on lawyers.”