Updated August 29, 2025 @ 1:27pm
The federal government needs to amend the Criminal Code so the use of force is presumed to be reasonable to defend your home and family if someone breaks into it, Conservative Leader Pierre Poilievre said Friday.
Poilievre called a news conference in Brampton, Ont., amid an outcry over assault charges that were laid against an Ontario man who encountered another man who allegedly broke into his apartment while carrying a crossbow.
The Criminal Code says someone can defend themselves if they believe force, or a threat of force, is being used against them, as long as their actions are "reasonable in the circumstances."
The law lays out nine factors to consider when determining reasonableness, including the nature of the threat, whether there were other means to respond to it, whether the incident involved a weapon, as well as the size, age and gender of the people involved.
Poilievre said these conditions are too complicated to consider in the moment if facing an intruder.
"If you're defending your house, you don't have time to think through nine different conditions. You have one condition — to protect yourself and your kids," he said.
Poilievre said if the government doesn't introduce its own amendment, his party will introduce a private member's bill to define what "reasonable" means.
He said that bill would have two tests to determine when it would be permissible to use force against an intruder.
"Two things, if someone enters your home illegally and uninvited, and two, you reasonably believe they are a threat to your family then it is assumed that all the force you use against that person is reasonable and legal. That is the test that our bill will bring in," Poilievre said.
Public debate about self-defence laws soared in Canada in recent days, after 44-year-old Jeremy David McDonald, was charged with assault in Lindsay, Ont., after an alleged break-in at his apartment on Aug. 18.
The alleged intruder, 41-year-old Michael Kyle Breen, was airlifted to hospital in Toronto with life-threatening injuries. He has been charged with break and enter, possession of a weapon for dangerous purpose, and mischief under $5,000.
Kawartha Lakes Police Chief Kirk Robertson wrote in a statement on Wednesday that he recognizes the incident has generated significant public interest and "emotional" responses, but called some of the reaction "unjust and inaccurate."
Robertson wrote that individuals have the right to defend themselves and their property, but the law requires that any defensive action be proportionate to the threat faced.
"This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances," he wrote.
Ontario Premier Doug Ford blasted the decision to charge the apartment resident, saying last week that it shows "something is broken."
— With files from Vanessa Tiberio in Brampton and Maan Alhmidi in Toronto.
This report by The Canadian Press was first published Aug. 29, 2025.
