Overview
This press conference discusses responses to recent home invasion cases in Canada, notably Jeremy McDonald's prosecution for defending his home in Lindsay, Ontario. Speakers advocate for a federal "castle law" to protect homeowners who use force against intruders and debate whether provincial governments should halt such prosecutions as a matter of policy.
Recent Home Invasion Incident
- Jeremy McDonald defended his home during a 3:00 a.m. break-in and is now being prosecuted by provincial authorities.
- The incident has sparked public debate about homeowners' rights to defend themselves and their property.
Current Legal and Policy Landscape
- Critics argue that current self-defense laws are vague and create uncertainty for homeowners in crisis.
- Provincial prosecutors, not federal authorities, are pursuing charges in the McDonald case.
- There is precedent for provinces deprioritizing certain prosecutions based on public interest, as with marijuana possession before legalization.
Castle Law Proposal and Political Responses
- Pierre Poilievre proposes amending section 34.2(2) of the Criminal Code to presume force, including lethal force, is reasonable against unlawful home invaders.
- The amendment aims to simplify legal conditions for self-defense in the home, aligning Canada with laws in other countries.
- Poilievre urges bipartisan cooperation and encourages other parties and provinces to adopt or support the policy.
Provincial Policy Authority
- Ontario Premier Doug Ford has voiced support for homeowners but has not formally changed prosecution policy.
- The Attorney General of Ontario, Doug Downey, has the authority to set broad policy guidelines for prosecutors.
- Prosecutors retain independence but can be guided by public interest and government policy in decisions to discontinue prosecutions.
Prosecution Guidelines and Public Interest
- Crown attorneys must consider the likelihood of conviction and public interest when deciding to pursue cases.
- In practice, many prosecutions against homeowners defending themselves are discontinued due to public outcry and specific circumstances.
- Calls continue for clearer statutory protections to minimize reliance on case-by-case judgment.
Decisions
- Introduce castle law amendment: Commitment to bring forward a bill amending self-defense provisions for homeowners.
- Encourage policy direction for prosecutors: Recommendation that the attorney general guide prosecutors not to pursue charges against homeowners acting in self-defense.
Action Items
- TBD – Federal Opposition Party: Table and advocate for the proposed castle law amendment in parliament.
- TBD – Ontario Attorney General (Doug Downey): Consider issuing policy guidance to provincial prosecutors regarding non-prosecution of homeowners in self-defense cases.
- TBD – Public/Advocates: Support Jeremy McDonald through crowdfunding efforts and raise awareness of the issue.