‘You can’t just get mad’: Lawyer explains limits of self-defence in Canada

Ont. home invasion case fuels debate over use of force.

Canadians have the right to defend themselves during a home invasion, but those rights are not unlimited, says a Toronto’s based criminal attorney.

Lawyer Kim Schofield says many people misunderstand how Canada’s law works when it comes to self-defence and use of force.

“You can do anything that’s reasonable in the circumstances, not anything you want,” Schofield said in an interview with CTV Your Morning.

“It really is context-based.”

Unlike the “Castle Law” in the U.S., Canada’s Criminal Code allows the use of force only when it is deemed “reasonable” and “proportionate.”

“Let’s say the person starts to run away,” Schofield said. “Are you able to then pursue and stab this person repeatedly in the back?”

She says there’s a point where self-defence ends and possible criminal liability begins.

“We do anything that’s reasonable or proportionate in the circumstance,” she said. “You can’t just get mad and there’s no vigilante justice.”

‘Something is broken’

Schofield’s comments come in the wake of a home invasion in Lindsay, Ont., that left an alleged intruder seriously injured and its resident facing criminal charges.

Jeremy McDonald has been charged with aggravated assault and assault with a weapon after police say he used a knife during a confrontation with Michael Kyle Breen inside his apartment.

• Ont. man charged with assaulting home intruder used knife, court docs say

Breen was airlifted to a Toronto hospital and is facing multiple charges, including break and enter, theft, and possession of a weapon. There was also a warrant for his arrest at the time of the incident.

The case drew public attention after Ontario Premier Doug Ford criticized the charges against McDonald, calling the situation an example of a “broken system.”

“This criminal that is wanted by the police, breaks into this guy’s house, this guy gives him a beating, and this guy gets charged,” Ford said.

“Something is broken.”

• Premier speaks out after Ontario resident charged with assault following home invasion

McDonald is scheduled to appear in court on Sept. 25. Breen, meanwhile, remains in custody pending a bail hearing once he is released from hospital.

With files form CTV News’ Heather Wright, and CP24’s Joanna Lavoie and Bryann Aguilar