Man Charged With Assault After Allegedly Injuring Home Invader in Ontario Town

A Kawartha Lakes Police Services vehicle in Kawartha Lakes, Ont., on Nov. 27, 2020. The Canadian Press/Doug Ives

A Lindsay, Ont., man has been charged with aggravated assault after police say he injured an armed intruder during an early morning break-in at his apartment.

The Kawartha Lakes Police Service (KLPS) says in an Aug. 18 statement that the man was woken up by a home intruder after which a fight broke out where the intruder suffered life-threatening injuries that required him to be airlifted to hospital in Toronto.

Police say they responded to the incident around 3:20 a.m. on Aug. 18 after learning that a fight had broken out. They say a 41-year-old home intruder broke into the apartment in Lindsay, and that he was confronted and beaten with an unspecified weapon by the 44-year-old resident.

Police noted that the alleged intruder was wanted by police for unrelated charges at the time of the incident.

KLPS said the homeowner has been charged with aggravated assault and assault with a weapon, while the alleged intruder has been charged with breaking and entering, theft, possession of a weapon for a dangerous purpose, mischief under $5,00, and failure to comply with conditions of probation, as a result of the incident.

Lindsay, a town with a population of approximately 22,400, is located about 130 kilometres northeast of Toronto.

Issues surrounding the legality of using physical force or a weapon against criminals have been highlighted periodically as such incidents arise in Ontario and around the country, including this past June when Ontario Premier Doug Ford said he supports the right of residents to use whatever means at hand to defend themselves from criminals. Ford’s comments came in the wake of charges filed against a Vaughan, Ont., man for firing a gun when suspects tried to steal his vehicle.

“I gotta find out this guy’s name and number, and I gotta hold a fundraiser for lawyer fees for him. He should get a medal for standing up,” Ford said at the time, adding that Canada should have a “castle doctrine,” similar to parts of the United States, allowing the use of deadly force to defend one’s residence.

“Someone breaks into your house and they’re coming after your kids and they’re coming after your spouse, you’re going to fight like you’ve never fought before. You’re going to use anything that you have, be it weapons, baseball bats, knives,” Ford said, adding that he believes repeat offenders receive bail and parole too easily.

Saskatchewan Premier Scott Moe has echoed Ford’s concerns about violent crime and repeat offenders roaming the streets, asking Ottawa to put forward tougher bail laws in a press conference last month.

“We need to increase the consequences through the Criminal Code of Canada, but also through every opportunity that we have provincially,” Moe said.

Canada does have the right to self-defence, but it must be judged as being proportional to the threat faced.

“In almost any situation, a person must have a reasonable fear that they or someone around them is going to be killed or badly hurt before they can respond with lethal force,” notes Dunn & Associates Criminal Defence Lawyers, adding that “Canada does not adhere to the Castle Doctrine, which implies that people have the right to defend themselves with deadly force when confronted by an intruder in their home.”

The Carney government has promised to make stricter bail laws for home invasion, organized crime offences, and violent car theft, along with tougher sentencing guidelines for repeat criminals.

Canada’s violent crime rate has gone up by 50 percent since 2015, along with a 74 percent rise in sexual assaults and 116 percent jump in gun crimes, according to Statistics Canada.