In Canada, home residents must use ‘reasonable power’ against an intruder. That is completely reasonable

Following a recent incident in Lindsay, Ontario, where a man was charged with a serious offense after defending his apartment against an intruder who was left with life-threatening injuries, the Premier of Ontario, Doug Ford, expressed his strong disapproval. “You should be able to protect your family if someone tries to harm them,” Ford stated during a press conference last week. This sentiment was echoed by others, including Federal Conservative Leader Pierre Poilievre, who tweeted that individuals have the right to defend their loved ones and property.

While the details of the case remain unclear, the public outcry seems to be less about how the police applied the law and more about the law itself. There is a misconception that the law prohibits any use of violence in self-defense, when in reality, the law only requires that the use of violence be ‘reasonable in the circumstances’.

Some argue that it is difficult to assess what level of force is ‘reasonable’ when faced with an intruder in your home. However, the law does not expect individuals to make precise judgments in such situations. Instead, it considers how a reasonable person in the same circumstances would act.

Furthermore, individuals are not required to prove that their actions were reasonable. They only need to establish an ‘Air of Reality’ to their defense, after which the burden shifts to the prosecution to prove that their actions were unreasonable.

The concept of assessing the reasonableness of self-defense actions is not a new one. It has been a part of the criminal code since its inception in 1892. Similar provisions exist in the criminal laws of other democracies, emphasizing the need for proportionality and necessity in self-defense situations.

While some may argue for a broader interpretation of self-defense rights, it is essential to consider the implications of granting unlimited discretion to individuals in defending their homes. The law seeks to strike a balance between protecting individuals and ensuring that the use of force is proportionate and necessary.

Ultimately, the law aims to prevent arbitrary use of violence while allowing individuals to defend themselves in reasonable circumstances. While there may be calls for sweeping changes to self-defense laws, it is crucial to remember that the current system is designed to uphold justice and fairness in such situations.