Maybe Canada's provincial governments need to step in make sense of what Canadians can do to protect themselves and their homes. As defined by the Canadian Criminal Code, the law as it stands — amazingly — favours intruders, and there seems to be no help coming from the Government of Canada. But, through their direction of provincial prosecutors, the junior level of government has some power to act. If it will...In an incident last week in Lindsay, Ontario, a homeowner was charged with aggravated assault and assault with a weapon after defending his home against an intruder. Do we not have a right to defend ourselves and our homes, Canadians ask....Speaking on Hannaford tonight, constitutional and criminal lawyer Hatem Kheir says the answer is simple; unlike in the U.S., there is no right to self defence in Canada. You're on your own. Whether or not you face prosecution for defending your home is then a decision made by police, on the spot.Sadly, political incentives encourage the police to avoid becoming at the centre of a controversy, by laying charges. The easy way out is therefore to lay charges and let the court system decide. Yes, it's timid. But it is understandable especially (for example) when race comes into the situation. (No matter what the facts of the case, in today's identity politics-charged society, the police will be open to criticism if a white home owner assaults a hoodlum of any other race — and escapes charges. There's no guarantee that the people now criticizing their eagerness to lay charges, will be as quick to speak up in their defence if they don't.)Kheir: "If they lay the charge, I think it's arguably out of their court at that point, they can direct the responsibility to other parties in the justice system, the prosecutor and ultimately the court, and perhaps it makes it harder to fault them for the decision, whereas if they do decide not to lay a charge, the buck stops squarely with the police.".Ontario man charged after allegedly assaulting home intruder already wanted by police.The current system, governed by the Criminal Code's self-defence rules as amended in 2012, emphasizes reasonableness in responding to threats. But, what's reasonable and proportionate?Let’s say it’s you who’s awakened in the middle of the night to find somebody in your house, going through the drawers. You don’t know who they are, you don’t what they want. You don’t know if they’re going to run away or come at you. Is there somebody else with them? Do you know? Are they by the door to your children's bedroom? What will they do next?You don’t know. But Canada's majestic legal system will still judge you as to whether the split-second decision you made in the face of all these unknowns, was proportionate....Is there a fix? Yes, provincial governments, if they choose to do it.Kheir again: "The provinces have the power to influence prosecutorial policies to better support self-defence. Provincial governments can instruct their police forces and prosecutors on how to react in self-defence cases, ensuring that the application of the law is more consistent and fair. By implementing policies that discourage prosecution of homeowners who use reasonable force to defend themselves against intruders, provinces can help restore the public's confidence in their ability to protect themselves and their homes."So, ultimately it's up to provincial governments to take action and protect Canadians' right to self-defence. By doing so, they can help prevent situations like the Lindsay case and ensure that homeowners feel confident in their ability to defend themselves and their properties without fear of facing charges or lengthy legal battles.Kheir's work is funded by the Justice Centre for Constitutional Freedoms. Hannaford airs at seven o'clock tonight.
