A Kawartha Lakes Police Services is seen in Kawartha Lakes, Ont. on Friday, Nov. 27, 2020. THE CANADIAN PRESS/Doug Ives
An Ontario man facing assault charges after allegedly assaulting an armed intruder is “quite confident” that he will be cleared of his charges, according to his lawyer.
On Aug. 18, the man was involved in an altercation with the intruder inside his Lindsay, Ont. apartment, leaving the intruder with what police called “life-threatening” injuries.
The homeowner was charged with aggravated assault and assault with a weapon as a result, while the intruder has since been charged with breaching probation, mischief under $5,000, breaking and entering to commit theft, as well as possessing a weapon for a dangerous purpose, according to an Aug. 18 news release from the Kawartha Lakes Police Service (KLPS).
The intruder was also wanted by police at the time of the incident for unrelated offences, KLPS said.
The homeowner’s lawyer, Steven Norton, said his client is traumatized from the incident and has had his sense of security “shattered,” but hopes to be quickly cleared of the charges through the legal process.
“My client maintains his innocence, and we’re looking forward to going through the process with the courts, hopefully as expediently as possible, so that it doesn’t linger over his head,” Norton said in an Aug. 21 interview with the Epoch Times. “But he’s quite confident he’s vindicated in his actions as lawful.”
Court documents filed by KLPS name the apartment owner as 44-year-old Jeremy David McDonald and say he used a knife to confront the intruder, who is named as Michael Kyle Breen, 41, according to Global News.
Norton said McDonald’s first court date is in September, which Norton said he expects will generate significant public interest given the attention the case has attracted across Canada.
Ontario Premier Doug Ford has spoken out in support of McDonald, saying on Aug. 20 that Canada’s legal system needs to allow for more self-defence rights. Conservative leader Pierre Poilievre made similar comments in reaction to the case on Aug. 21, saying on social media that “Canadians have the right to defend their home and family. If someone breaks in, you deserve the right to defend your loved ones and your property – full stop.”
Sections 34 and 35 of Canada’s Criminal code allow for use of force in self-defence but says the force must be judged as “reasonable” and “proportional.” Canada does not have a castle doctrine like that of the United States, where most states allow for more use of force, including lethal force, in defending one’s home.
KLPS defended its decision to charge the homeowner in an Aug. 20 news release, saying that while Canada does have the right to self-defence, it is “not unlimited” and “The law requires that any defensive action be proportionate to the threat faced.”
The Carney government has pledged to introduce tougher bail conditions for repeat violent offenders and those charged in home invasions, amid an increase in violent crime across the country. The government had not commented specifically on the Lindsay, Ont., case as of publication time.
