Canadian Conservatives propose expanding self-defense rights

The leader of the Canadian Conservative Party, Pierre Poilievre, has called for amendments to the Criminal Code that would presume the use of force to be reasonable when defending one's home against unlawful entry. This proposal came after a high-profile case in Lindsay, Ontario, where a victim of home invasion was charged with assaulting the intruder.

The Lindsay Incident as a Catalyst for Debate

On August 18, 2025, an incident in Lindsay, Ontario shook Canada and sparked a national debate on the right to self-defense. Jeremy David MacDonald, 44, was charged with aggravated assault and assault with a weapon after a confrontation with Michael Kyle Breen, 41, who had illegally entered his apartment.

According to court documents, Breen broke a window and screen of MacDonald's home and was armed with a crossbow. The intruder suffered life-threatening injuries in the altercation and was airlifted to a Toronto hospital. Notably, Breen was on probation at the time of the incident and was already wanted by police on other charges. He had seven separate criminal cases pending in court.

MacDonald allegedly used a knife for defense. His lawyer, Steven Norton, stated that his client "maintains his innocence and acted within his rights to defend himself and his property."

According to the defense, MacDonald "did what anyone would do in his home invasion situation."

The Conservative Proposal: The Stand On Guard Act

At a press conference in Brampton, Ontario, Poilievre announced plans to introduce a bill called the "Stand On Guard Act." The proposed changes would affect Section 34.2 of the Criminal Code and introduce a presumption of reasonableness for the use of force, including deadly force, against a person who unlawfully enters a home and poses a threat to the safety of those inside.

The Conservative leader emphasized that Canadians defending their homes "don't have time to think about nine conditions," referring to the complex criteria courts must consider when determining the "reasonableness" of force used in self-defense situations. He argued that it's wrong to apply "a complex, indecipherable legal doctrine against you when you're just doing what's right."

Poilievre set out two simple criteria for his proposed law. The use of force would be considered reasonable if two conditions are met: first, someone unlawfully and uninvited enters your home; second, you reasonably believe that person poses a threat to your family. If these conditions are met, "all force you use against that person is presumed to be reasonable and lawful."

Current State of Canadian Law

Currently, Canada's Criminal Code allows people to defend themselves during a break-in if the force used is "reasonable in the circumstances." In determining whether an act of defense is "reasonable," courts consider nine factors, including the nature of the threat, the physical capabilities of the parties involved, the history of the relationship between the parties, and whether either party used or threatened to use a weapon.

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Under existing law, the burden of proof lies with the prosecution — they must prove beyond reasonable doubt that the force used against an intruder was disproportionate. Canadians are not guilty of an offense if they believe on reasonable grounds that force is being used or threatened against them or another person, their defensive act is for the purpose of protecting themselves, and it is reasonable in the circumstances.

Criticism from Criminal Law Experts

Poilievre's proposal has faced serious criticism from criminal law experts. Criminal defense lawyer Kim Schofield stated that the proposed amendment "doesn't clarify or simplify things" and could put the public at greater risk. She said, "A presumption of reasonableness is a very dangerous and slippery slope."

McGill University law professor Noah Weisbord, who specializes in cases involving the use of force in self-defense, noted that Canadian law already favors homeowners in cases of home invasions. He emphasized that Poilievre's proposal doesn't enhance their protection from criminal charges.

Schofield stressed that people in emergency situations are not expected to consider these factors. "These are just guidelines for judges ultimately, who are the triers of fact," she said. Experts warn against adopting laws similar to Florida's "Stand Your Ground" statute, which provides legal immunity to people who "meet force with force, including deadly force" in self-defense.

International Experience and Statistics

Weisbord cautioned against adopting laws similar to those in the U.S., citing research on the impact of Florida's "Stand Your Ground" law. In 2017, a group of researchers published an evaluation of this law and found it was associated with a notable increase in homicides and firearm-related homicides.

A 2012 study for the National Bureau of Economic Research found "no evidence of deterrence; burglary, robbery, and aggravated assault are unaffected by these laws."

On the other hand, the report's authors noted: "we find that murder increases by about 8%."

Political Reaction and Public Opinion

Ontario Premier Doug Ford supported MacDonald and criticized the decision to charge him, saying it shows "something's broken." He said: "I know if someone's breaking into my house or anyone else's, you're going to fight for your life. This guy's got a weapon... you're going to use any force you can to protect your family."

Kawartha Lakes Police Service Chief Kirk Robertson wrote in a statement that he recognizes the incident has generated significant public interest and "emotional" reactions but called some comments "unfair and inaccurate." Robertson wrote that people have the right to defend themselves and their property, but the law requires any defensive actions to be proportionate to the threat.

Local residents and business owners in downtown Lindsay expressed support for MacDonald. Jesse Calabik described MacDonald as a "good guy" and a friend of many years. Sharmin Eckert, owner of a local restaurant and catering business, called MacDonald a "good guy" and noted growing safety concerns in the town.

Connection to Broader Conservative Initiatives

Poilievre's proposal is part of a broader Conservative initiative to toughen crime legislation. In September 2025, the Conservative leader introduced tough-on-crime legislation ahead of Parliament's return, stating that some communities have become "war zones."

The Conservatives also plan to introduce a "Jail, Not Bail Act" to reform the bail system. Poilievre argues that "crime is raging out of control," pointing to StatsCan data showing homicides have increased by 29% over the past decade — from 613 homicide victims across the country in 2015 to 788 last year.

Justice Minister Sean Fraser criticized Poilievre's proposal, stating that the Conservative leader intends to run Canada like the "Wild West." Poilievre responded at a Thursday press conference, saying that for some communities, "this isn't the Wild West. It's a war zone."

Precedents and Similar Cases

In their press release, the Conservatives highlighted the case of Cameron Gardiner from Collingwood, Ontario, who shot two masked men who had tied him up and held him at gunpoint during a chaotic home invasion in 2019. The Crown charged Gardiner with manslaughter but dropped the charges in 2021.

The Conservatives also mentioned other cases, including a man from Milton, Ontario, whose home was stormed by five armed, masked burglars in what was believed to be a robbery attempt. These cases, according to the party, demonstrate the need for clearer self-defense laws.

Poilievre referred to a similar situation in Saskatchewan a few years ago, involving a farmer and someone who came onto their property with a perceived threat. This case went through the entire court process, and ultimately the farmer who defended his property was found not guilty.

Legislative Prospects

Poilievre stated that if the government doesn't introduce its own amendment, his party will put forward a private member's bill to define what "reasonable" means. Conservative MP Arpan Khanna secured the 10th spot in the private members' bill lottery, meaning the legislation is likely to be debated soon.

The Liberal government is also promising its own legislation this fall to tighten the bail system, which some law enforcement and victims' rights advocates say is too lenient, allowing repeat offenders back into society at the expense of public safety.

MacDonald is set to appear in court on September 25, while Brine has already made his first court appearance. The outcome of this case could significantly impact the public debate on the right to self-defense in Canada and the prospects for passing the Conservatives' proposed changes to the Criminal Code.