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Lindsay Homeowner Charged After Confronting Intruder as Self-Defence Law Faces Renewed Scrutiny

The case spotlights Section 34’s “reasonable force” test that police say guided the charging decision.

Ontario Premier Doug Ford attends a press conference at the York Regional Police Headquarters in Aurora, Ont., Wednesday, Jan. 31, 2024. (Cole Burston/The Canadian Press)
A Kawartha Lakes Police Services is seen in Kawartha Lakes, Ont. on Friday, Nov. 27, 2020. THE CANADIAN PRESS/Doug Ives
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The annual Criminal Code sits inside a Docket Court in Provincial Court on Friday, August 16, 2024 in Regina.

Overview

  • Police say Jeremy David McDonald, 44, is charged with aggravated assault and assault with a weapon after a 3:20 a.m. apartment confrontation that left alleged intruder Michael Kyle Breen, 41, with life-threatening injuries.
  • Court documents allege McDonald used a knife during the altercation, and Breen was airlifted to a Toronto trauma hospital.
  • Breen, also from Lindsay, faces charges including possession of a weapon for a dangerous purpose, break and enter, theft, mischief under $5,000, and failing to comply with probation, and police said he was wanted on unrelated offences.
  • Kawartha Lakes Police Chief Kirk Robertson defended laying charges, saying defensive force must be proportionate to the threat and decisions were based on evidence; McDonald was released with a future court date.
  • McDonald’s lawyer says he acted lawfully in self-defence, Premier Doug Ford criticized the charges as proof “something is broken,” and legal commentary explains that courts assess Section 34 reasonableness using factors such as imminence, weapon use, and proportionality.