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Assault charges laid by a local police service against a man in Lindsay, Ont. — whose altercation with an alleged home intruder left the intruder with life-threatening injuries — sparked public criticism and confusion over Canada’s self-defence laws. Canadians have the right to defend themselves and their homes, but their use of force must be “reasonable” under the law.
THE CLAIM
The Kawartha Lakes Police Service defended its decision to lay assault charges against a man who was the victim of an alleged home intruder in Lindsay, Ont. Monday, after an altercation that left the intruder with life-threatening injuries. The alleged intruder also faces charges related to the incident.
Police Chief Kirk Robertson said Canadians’ self-defence rights “are not unlimited” and that investigators laid charges based on evidence, not all of which is available to the public.
“We recognize that (the incident) has generated significant public interest and emotional responses,” Robertson said in a press release Wednesday.
Online, public reaction to the charges laid against the homeowner included a mix of anger and confusion.
“Assaulted by an intruder in his own home, defends himself, and gets charged for doing so,” one Facebook commenter wrote.
“So what is the answer? Intruders can just come in your house and do what they want?” asked another.
“Liberals have made it so criminals can break into your house and you can’t defend yourself,” a commentary YouTuber said in a video about the charges. “… This is the country we live in now.”
THE FACTS
Canadians have a right to defend themselves and their property, but their use of force must be reasonable.
While several U.S. states have a castle doctrine, which allows people to use reasonable — and even deadly — force against a home intruder, Canada does not.
Canada also does not have stand-your-ground law, which in some U.S. states lets people use deadly force against an attacker without having to retreat first.
Canadians don’t have to retreat against a home intruder, and they can defend themselves or others. So why was the Lindsay homeowner charged?
WHAT DO CANADA’S LAWS SAY ABOUT SELF-DEFENCE?
Under Section 34 of Canada’s Criminal Code, a person is not guilty of an offence if they believe force or the threat of force is being used against them or another person; if their offence was made to protect themselves or another person from that force; and if their actions were “reasonable in the circumstances.”
McGill University law professor Noah Weisbord said there is a reasonable argument to suggest the Lindsay homeowner used excessive force against the intruder.
The man has yet to be tried in court, which would look at several factors to determine if his use of force was reasonable.
“They look to the trigger — whether you are actually afraid for your life, for example, and whether that fear is reasonable,” Weisbord said.
“Then they look to your motive … was it a defensive motive or a vindictive motive, for example. And then they look at your response — and this is the core of what happened in this case — whether the response was reasonable in the circumstances,” he said.
Section 34 lays out the factors the court considers when determining whether someone’s self-defence is “reasonable in the circumstances.”
There are nine factors, which include things like the nature of the threat, whether there were other means to respond to it, whether someone used or threatened to use a weapon, and the size, age and gender of the people involved.
The court also considers the “nature and proportionality” of someone’s response to the use or threat of force.
Weisbord said circumstances in the Lindsay case the court would consider include the homeowner being asleep when the intruder allegedly broke in, that police said he had a weapon, and the apparent life-threatening injuries the intruder received.
He noted that while some Canadians want more expansive self-defence laws, there are circumstances — such as a person accidentally entering someone’s home, or a domestic dispute — where use of force should not be considered reasonable.
One such case from 2016 involves Hamilton, Ont. resident Peter Khill, who shot and killed Jonathan Styres after he found the man going through his truck outside his home in the early morning. Khill pleaded not guilty to second-degree murder, arguing he acted in self-defence. In 2022 a jury found him guilty of manslaughter but not second-degree murder, and a judge sentenced him to eight years behind bars, which was later reduced to six years after the trial judge admitted to an error during sentencing.
But in general, “courts are very favourable to the person who’s using defensive force in the home,” Weisbord said.
This report by The Canadian Press was first published Aug. 22, 2025.
Marissa Birnie, The Canadian Press
