cross-posted from: https://sh.itjust.works/post/45036971

Conservative Leader Pierre Poilievre is calling on the federal government to amend the Criminal Code so that use of force is presumed reasonable against a person who illegally enters a house and poses a threat to those inside.

“After 10 years of Liberals, the system treats victims like criminals and criminals like victims,” Poilievre said during a news conference outside a home in Brampton, Ont.

Under current law, Canadians are not guilty of an offence if they believe on reasonable grounds that force (or the threat of force) is being used against them or another person.

Their act of defence must also be for the purpose of defending or protecting themselves and must be reasonable in the circumstances.

In determining whether the act of defence is “reasonable,” courts consider nine factors — including the nature of the threat, the physical capabilities of the parties to the incident, the history of the parties to the incident and whether any party used or threatened weapons.

The Conservative leader said Canadians who are defending their homes “don’t have time to think about nine conditions” and it’s wrong for the law to apply “a complicated, indecipherable legal doctrine when you were only doing what is right.”

Poilievre also said the federal government can implement his “stand on guard” principle or else a Conservative MP will push the idea forward in a private member’s bill.

‘Your home is your castle’

said “your home is your castle” — a reference to a legal principle called the castle doctrine, which says homeowners have the right to protect themselves from an intruder.

The Conservatives’ press release highlighted Cameron Gardiner, a man from Collingwood, Ont., who shot and killed two masked men who zip-tied and held him at gunpoint in a chaotic home invasion in 2019.

The Crown charged Gardiner with manslaughter, but then withdrew the charges in 2021.

“This was yet another case of the Liberals’ two-tier justice system: where monsters get sympathy and endless second chances, while Canadians defending their families are treated like criminals,” the Conservatives’ press release said in reference to Gardiner.

A more recent case in Lindsay, Ont., has sparked widespread reaction and debate over Canada’s self-defence laws. Jeremy David McDonald, 44, has been charged with aggravated assault and assault with a weapon after a man allegedly broke into his home wielding a crossbow.

A fight ensued after the break-in. Police said the alleged intruder, Michael Kyle Breen, 41, was so badly injured that he had to be airlifted to a Toronto hospital, located about 100 kilometres away.

Legal experts have clarified that self-defence is legal in Canada, and some have expressed concern about misinformation over the case in Ontario.

  • SaveTheTuaHawk@lemmy.ca
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    17 hours ago

    So the Canadian Republicans want US style gun laws. Shocker.

    Post media loves the stories of random home invasions but the last 4 incidents were not random, the intruder knew the home owner. If there is a home invasion, police look hard at the home owner because random home invasions are extremely rare.

    • ohshit604@sh.itjust.worksOP
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      10 hours ago

      So the Canadian Republicans want US style gun laws. Shocker.

      Canadian’s who legally posses firearms don’t want to be treated as criminals! It’s not about wanting American style laws in our country it’s the fact that the government is willing to throw down billions of dollars confiscating people’s private property instead of targeting the root cause of our gun crime.

      If and that’s a big if, if the Liberal government eased off of licensed firearms owners, worked with us and set their focus on criminals possessing illegally obtained firearms (ie: smuggled) you would see more of our community vote for them.

      But alas, only one party is willing to defend our sport.

  • HikingVet@lemmy.ca
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    5 days ago

    Most people in this country don’t understand the self defense laws and PP is banking on his base not checking to see if he’s lying.

    This is a dog whistle and the “castle laws” that he wants to bring in lead to 60 y/o dudes shooting teens through their front door because they shit their slacks.

    • SaveTheTuaHawk@lemmy.ca
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      17 hours ago

      Or the Peter Khill case, where he literally decapitated someone with a shotgun for trying to break into his truck. Unarmed.

    • FireRetardant@lemmy.world
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      4 days ago

      Most people don’t understand the self defense laws because every case of self defense is tried for its specific circumstances and without a full report of the event it can be skewed either way depending on the details provided.

      • SaveTheTuaHawk@lemmy.ca
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        17 hours ago

        The incident in Lindsay has led to comments from Ford against police and Crown. Sun and Post media refuse to report that the home owner and intruder knew each other and had previous interactions. If people want to be scared all the time and buy 12 guns, move to Florida.

  • Archangel1313@lemmy.ca
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    4 days ago

    Canadians can already legally “defend themselves” from home invaders. What we can’t do, is tie someone up and beat or torture them when they no longer pose a threat to us. We also can’t shoot them as they’re running away, since…again…they no longer pose a threat to us. “Self-defense” does not give you a free pass to assault or murder someone. It only applies if your life is in imminent danger.

    • SaveTheTuaHawk@lemmy.ca
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      17 hours ago

      But Americans can gun down kids playing ding ding ditch. This is the world Poilievre wants to live in.

    • GrindingGears@lemmy.ca
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      4 days ago

      I hope these fucking clowns remember this when his buddies the god damn Americans invade. Problem is, the NRA crowd and all of Millhouses buddies will gladly welcome them in with open arms. The guns are secretly only to be used on the darkies (using their language, not mine, just so they can understand, since they don’t understand much unless you sprinkle in a bunch of racist shit, then they are all ears.)

  • GrindingGears@lemmy.ca
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    4 days ago

    Hey look, there’s ol’ Second Try Millhouse, at er again. Man it was so nice having a vacation from this dweeb. Sigh.

  • skozzii@lemmy.ca
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    4 days ago

    Pollivre says shit and thinks we are all stupid. No, these laws aren’t because of 10 years of liberals they were here long before and during the last Conservative government too.

    Does the average Conservative voter not feel like their intelligence is being insulted by this guy everytime he speaks? He needs to go ASAP.

  • veee@lemmy.ca
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    4 days ago

    More homeowners with firearms likely mean intruders are encouraged to bring firearms for self-defense further escalating the danger.

    • nyan@lemmy.cafe
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      4 days ago

      More homeowners with firearms also means more stolen firearms on the black market, with everything that implies.

    • FireRetardant@lemmy.world
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      4 days ago

      So a hunter should just give up their rifles in hopes that intruduers brings bats and knives instead of a gun in the event of a break in?

      • dom@lemmy.ca
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        4 days ago

        You see the results of your logic in the US.

        Is this what you want for Canada? Armed robberies, kids getting murdered for knocking on the wrong door, guns everywhere and all the implications of that?

    • ohshit604@sh.itjust.worksOP
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      4 days ago

      But, home intruders already bring firearms to home invasions? Home owners don’t want to see their family taken hostage and rather not have their only option be stand around for police to show up, which if you live out in the prairies can be nearly an hour away.

      • FireRetardant@lemmy.world
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        4 days ago

        An armed homeowner could also more effectively scare off an armed intruder.

        If someone breaks into a home and the owner has nothing and the intruder has a gun, all the power is in the intruders hands. If the home owner is armed, the intruder may decide this isn’t the right house to rob and leave before things escalate.

  • n3m37h@sh.itjust.works
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    5 days ago

    Pierre, the only people who give a shit about what you say are in Alberta. The rest of Canada wants you to fuck off

  • karlhungus@lemmy.ca
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    5 days ago

    It’s so transparent, this thing that JUST happened is nuanced, and looks dumb on it’s face if you don’t read past the headline. So of course bitcoin pete jumps on it. Can we please get some St. Mangionie on him, it might make other politicians more honest for a short time.

  • Concetta@lemmy.blahaj.zone
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    4 days ago

    As a Canadian, fuck off we don’t need bullshit like this Pierre. Literally from the mouth of an RCMP officer this morning I was told you have the right to defend yourself and home with any means you have to. I think if an RC is saying that we are already fucking fine.

  • Archangel1313@lemmy.ca
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    4 days ago

    The Crown charged Gardiner with manslaughter, but then withdrew the charges in 2021.

    “This was yet another case of the Liberals’ two-tier justice system: where monsters get sympathy and endless second chances, while Canadians defending their families are treated like criminals,” the Conservatives’ press release said in reference to Gardiner.>>>>

    Is he saying the “monster” was Gardiner, in this case? That so-called “two-tier justice system” let this guy walk, after he killed two people, so…

    • snoons@lemmy.ca
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      4 days ago

      And then gone again until the next non-issue comes up that he can use to proselytize people to his anti-critical thinking corps.

  • Phoenixz@lemmy.ca
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    4 days ago

    Fuck off poliviere, nobody wants you

    You already can defend your home, you just can’t keep beating someone when they’re already down

    This is just poliviere fishing for a few more votes from disenfranchised people

  • dermanus@lemmy.ca
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    3 days ago

    I wonder if this will bite him in the ass. If it turns out this guy went all Pulp Fiction on the intruder the message won’t hit the same.