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Poilievre Proposes Presumption of Reasonable Force Against Home Intruders

Justice officials counter that current law already protects reasonable force.

Overview

  • Pierre Poilievre unveiled a proposed “Stand on Guard” amendment to the Criminal Code to presume force, including lethal force, is reasonable when used against someone who unlawfully enters a home and poses a threat.
  • He said Conservatives will introduce the change as a private member’s bill this fall if the government declines to act.
  • The proposal targets Section 34.2, contrasting with the current 2013 framework that requires courts to weigh nine factors to decide whether defensive force was reasonable.
  • A recent Lindsay, Ont., case helped drive the announcement, as Jeremy David McDonald faces assault charges after an alleged intruder armed with a crossbow was critically injured and airlifted to a Toronto hospital.
  • Kawartha Lakes Police Chief Kirk Robertson emphasized that defensive action must be proportionate, and Justice Minister Sean Fraser said Canadians already have a legal right to self-defence under existing law.