OTTAWA — Conservative Leader Pierre Poilievre is urging the federal government to clarify the law regarding the use of force, including lethal force, against intruders in Canadian homes. He argues that Canadians should have the right to defend themselves if someone unlawfully enters their home and poses a threat.

This proposal comes amid heightened public interest following the arrest of an Ontario man earlier this month. He faces aggravated assault charges for his actions against a suspected intruder armed with a crossbow, who has also been charged with carrying a weapon and breaking and entering.

During a press conference in Brampton, Ontario, Poilievre stated, "Your home is your castle," and called for amendments to the Criminal Code's self-defense provisions. He proposed that the law should state, "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."

Poilievre emphasized that this change would affirm the right to protect one’s home and family from threats. He indicated that if Prime Minister Mark Carney's government does not act on his proposal, the Conservative Party would introduce its own private member's bill.

Justice Minister Sean Fraser responded to Poilievre's proposal, stating, "This isn’t the Wild West. It’s Canada. Canadians deserve real solutions that make us safer, not slogans that inspire fear and chaos for Pierre’s political survival."

The term "castle" in Poilievre's remarks refers to the "Castle Doctrine" found in some U.S. states, which allows residents to use force without the same legal scrutiny that exists in Canada. Under Canadian law, self-defense is justified if a person believes, on reasonable grounds, that they are facing a threat. The law outlines nine factors that determine whether the use of force was reasonable, including the nature of the threat and the relationship between the individuals involved.

Poilievre criticized these conditions as "very complicated" and "vague," arguing that individuals should not have to consider them in a moment of crisis. He believes his proposal would simplify the legal framework, making it clear that force used against an unlawful intruder would be deemed reasonable if the homeowner feels threatened.

Boris Bytensky, president of the Criminal Lawyers’ Association, commented that Poilievre’s proposal would not worsen the situation but also would not improve it. He noted a misunderstanding regarding the legal process, emphasizing that the Crown must prove beyond a reasonable doubt that a person did not act in self-defense.

In the case of the Ontario man charged with aggravated assault, Bytensky stated that the facts are still unclear. Ontario Premier Doug Ford has expressed concerns about the current legal system, suggesting that "something is broken" regarding how such cases are handled.

Bytensky also pointed out that Poilievre's proposal would not prevent police from investigating cases where the use of force may be deemed unreasonable. He explained that if someone uses excessive force against an intruder who is no longer a threat, neither the proposed nor current laws would protect that individual.

Criminal defense lawyer Alex De Boyrie believes that Poilievre’s proposal could have prevented charges in recent cases involving self-defense. He noted that charges are often withdrawn in self-defense cases, but the assessment of self-defense can be complex. De Boyrie highlighted that many clients are confused about why they were charged when they believed they acted in self-defense.

He added that there are instances where a person may unintentionally cause injury while defending themselves, leading to charges that may seem unfair. De Boyrie advocates for clearer self-defense laws and better public education on the topic.