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Poilievre Unveils ‘Stand on Guard’ Plan to Presume Self-Defence in Home Invasions

The pledge responds to recent prosecutions highlighting confusion over Section 34.

Overview

  • At a Brampton news conference on Aug. 29, the Conservative leader called for amending Criminal Code section 34(2) to presume force is reasonable when used against an unlawful home entrant who poses a threat.
  • Poilievre said that if the Liberal government does not act, his party will introduce the change through a private member’s bill.
  • He argued current law requires courts to weigh nine factors to judge reasonableness, a test he says is too complex for people confronting intruders.
  • He cited recent home-defence cases, including Jeremy McDonald’s Aug. 18 incident in Lindsay that led to charges now before the courts, as well as the earlier Cameron Gardiner case in Collingwood.
  • Framing the move as part of a broader push to prioritize law‑abiding families, Poilievre said the change would give clearer guidance to citizens, police and prosecutors.