Speaking at a Brampton home on Friday, Poilievre announced the “Stand on Guard” principle, a plan to amend Section 34 of the Criminal Code. The change would presume that force used against an unlawful intruder who poses a threat to safety is reasonable, removing what Conservatives call the current “legal limbo” faced by Canadians who act in self-defence.“Your home is your castle,” Poilievre told supporters. “If someone breaks into your home and puts your family at risk, you shouldn’t be forced to worry about being thrown in jail for doing what you must to protect their lives.”Currently, Section 34 allows Canadians to use force in self-defence, but requires courts to assess whether the actions were “reasonable” under nine different conditions. Poilievre argued that the law is too complex and leaves homeowners vulnerable to lengthy trials and costly legal battles..Conservatives highlighted several recent cases as examples. In 2019, Cameron Gardiner of Collingwood, Ontario, was tied up with his girlfriend by three masked intruders, one armed with a sawed-off shotgun. During a struggle, two attackers were shot. Gardiner was arrested and spent six months in jail before charges were dropped.Poilievre also cited the case of Ali Mian, a Milton, Ontario, man who in February 2023 used a legally owned firearm to fend off five masked and armed intruders who had broken into his home. Despite his mother being assaulted during the break-in, Mian was arrested and charged with second-degree murder. He was released on $130,000 bail and lived under conditions for five months before prosecutors dropped the charge, citing no reasonable chance of conviction.“These men should never have faced jail for protecting their families,” Poilievre said. “The system treats victims like criminals and criminals like victims.”.Under the Stand on Guard proposal, Section 34(2) would be amended so that force, including lethal force, is presumed reasonable when used against someone unlawfully entering a home and threatening those inside. Poilievre said the reform would bring Canada in line with jurisdictions such as Ireland, Spain, several Australian states, the United Kingdom, and some U.S. states, which already have similar laws.The Conservative leader framed the announcement in broader terms, linking it to concerns over crime, affordability, and public safety after what he called “10 years of disastrous Liberal government.” He pointed to rising car thefts, citing Toronto Police guidance that some residents should leave keys at their front door to avoid violent confrontations with thieves.“People worry their car will be gone from the driveway, or worse, that someone will be pounding on their living room floor at 2 a.m.,” Poilievre said. “Parents should never have to hesitate about protecting their children in those moments.”.Conservatives are calling on the federal government to adopt the amendment this fall. If it does not, Poilievre said one of his party’s MPs will introduce it as a private member’s bill.“Our role in this Parliament is to put forward good ideas,” Poilievre said. “Let’s work together to make sure Canadians can live in homes that are not just affordable, but safe.”
