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‘You can’t just get mad’: Lawyer explains limits of self-defence in Canada
Reactions to the Linsey, Ontario case
A recent home invasion case in Linsey, Ontario, has sparked much debate about the legal boundaries of self-defense in Canada.
According to Toronto criminal lawyer Kim Schofield, citizens have the right to defend themselves when faced with an illegal entry, but that right is not absolute. “The law allows you to do whatever is reasonable and proportionate under the circumstances,” she explains.
“It doesn’t mean you have to do whatever you want to do. It all depends on the situation,” she explains.
Unlike the U.S., where some states have “Castell’s Law,” or the absolute right to defend your home, Canada only allows the use of “proportionate” and “reasonable” force. “If the attacker is running away, you’re not allowed to chase and stab them in the back repeatedly,” Schofield says. “There’s a point where self-defense ends and you enter the realm of criminal liability.”
The fight
The comments come after an incident in Lindsay, where a trespasser was injured during a home invasion and the homeowner faces serious charges.
Jeremy McDonald is accused of wielding a knife during a fight with Michael Kyle Breen, and faces charges of “aggravated assault” and “assault with a weapon.”
Breen, who also had a warrant for his arrest, was reportedly airlifted to a Toronto hospital. He now faces multiple charges, including “trespassing, robbery and carrying a weapon.”
Political reaction
The case has drawn widespread attention after comments from Ontario Premier Doug Ford. Ford criticized the charges against McDonald, saying:
“A wanted criminal walks into a man’s house, the man defends himself, and the man ends up being charged. It shows the system is broken.”
McDonald is scheduled to appear in court on September 25. Breen will be taken to court for a parole hearing after being released from the hospital.
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