Pierre Poilievre pushes feds to amend Criminal Code over ‘reasonable’ self-defence amid firestorm after Lindsay break-in

Poilievre’s announcement comes on the heels of case in Lindsay that has sparked heated debates over Canada’s self-defence laws. According to court documents, a Lindsay man broke into an apartment this month armed with a crossbow, leading to an altercation with the resident wielding a knife. The man living there is now facing assault charges. 

Poilievre, who did not cite the Lindsay case in his press conference, said that people who have taken drastic measures to defend their families “have faced the brunt of the law.”

“The system treats victims like criminals, and criminals like victims,” Poilievre said.

Poilievre is now suggesting changes to the Criminal Code allowing the “use of force, including lethal force, is presumed reasonable against an individual, who unlawfully enters a house and poses a threat to the safety of anyone inside.”

He said it would apply only to the unlawful entry of a home and preserve proportionality. He said the government should introduce a bill this fall enacting this principle. If not, his party will introduce a private member’s bill aimed at making the change.

“It means you have the right to use force to defend your home and your family against someone who threatens you and who is entered illegally,” he said.

Poilievre’s proposal will likely hit a wall as the bill won’t garner enough votes without support from Mark Carney’s Liberals.

In response to Poilievre’s comments, Justice Minister Sean Fraser made a post to X, stating that Canadians already have the right to defend themselves under a law then-prime minister Stephen Harper brought in, with Poilievre’s support.

Fraser wrote that Poilievre is “chasing a photo op by attacking police for doing their jobs. I trust police to lay charges and judges to consider evidence over Pierre playing cops & robbers.”

The Lindsay case made headlines last week, after Jeremy McDonald was charged with assault and aggravated assault for using a knife after an intruder allegedly broke into his apartment on Aug. 18, court documents said. 

The man suffered serious, life-threatening injuries, police said at the time. He was initially taken to a nearby hospital but was later airlifted to a hospital in Toronto.

Michael Breen, 41, the alleged intruder, now faces numerous charges, including possession of a weapon for a dangerous purpose, break, enter and theft, mischief under $5,000 in connection with the damage of a window at McDonald’s apartment and failing to comply with an 18-month probation order which began in June 2024.

The case has also garnered the ire of Ontario Premier Doug Ford, who told reporters last week that “something is broken,” adding that he was perplexed by how the charges unfolded. The premier said it’s expected that “you’re going to fight for your life,” when faced by the threat of an intruder in your home.

Emmett Macfarlane, a University of Waterloo political science professor, questioned Poilievre’s announcement, saying Canadians already do have a right to self defence and the right to use force if someone breaks into their home.

“The issue under our existing law is whether that force is reasonable,” he continued. “Changing the Criminal Code to make any force used presumptively reasonable would be, frankly, incoherent, because whether reasonable force is used depends on the circumstances.”

Kawartha Lakes police Chief Kirk Robertson released a statement indicating that the case “has generated significant public interest and emotional responses.”

He explained that “charges are not convictions; they are part of the judicial process, which ensures that all facts are considered fairly in court.”

Robertson said the law allows a person to use reasonable force to protect themselves and their property, if they believe they are facing a threat, but the key caveat is that it “requires that any defensive action be proportionate to the threat faced,” and that “the use of force must be reasonable given the circumstances.”

In making his case for his proposed reforms, Poilievre pointed to examples, including the 2023 case of a licensed firearm holder, who shot and killed a man, after several intruders, at least one of which was armed with a handgun, broke into his Milton home with the intent of committing robbery. Later that year, the Crown withdrew a murder charge laid against the Milton man after deeming there was no reasonable prospect of conviction.

“And yet, the law went after this innocent man trying to defend his home,” he said.

Macfarlane said the Milton case arguably shows why the issue might not be the law at all, but “whether the Crown is sometimes being injudicious with decisions about laying charges. It’s not clear that it’s the law that needs changing here.”