In Canada, homeowners can legally use force, including shooting, stabbing, or bludgeoning, against intruders who pose a threat. However, self-defense advocates argue that while the legal system often clears individuals of wrongdoing, this determination typically comes after lengthy and costly legal battles.

Toronto criminal defense lawyer Jordana Goldlist explained, "Self-defense in Canada; yes, it most certainly exists, but it exists as a defense at trial, as opposed to a discretionary act that the police have in determining whether or not to press charges in the first place." This means that while juries rarely convict homeowners who harm intruders, the process can involve arrests, bail denials, and significant legal expenses.

A recent case in Lindsay, Ontario, highlights these issues. Jeremy McDonald, 44, faces aggravated assault charges after allegedly attacking a home intruder who was wanted by police. McDonald’s lawyer stated, "My client was doing what anyone would do if they were in his situation of a home invasion." This case has drawn attention from conservative politicians, including Conservative Leader Pierre Poilievre and Ontario Premier Doug Ford, who criticized the charges as excessive. Ford remarked, "You should be able to protect your family when someone’s going in there to harm your family and your kids."

McDonald’s experience is not unique. In 2023, Ali Mian from Milton, Ontario, was charged with second-degree murder after he shot a home invader with a legal firearm. The charges were dropped five months later when prosecutors found no reasonable chance of conviction. However, Mian faced significant restrictions during that time, including surrendering his passport and firearms license.

In another case from 2019, Cameron Gardiner shot and killed two intruders who had tied him up. He was charged with second-degree murder and spent two years under bail conditions before the charges were dropped. Gardiner expressed relief, stating, "It’s good to be free. I’m happy to be alive."

Brad Evans, a Nova Scotia resident, faced three gun charges after he shot at two masked intruders who had held him at gunpoint. The charges were eventually dropped, and Evans criticized the initial prosecution, saying, "I’m fighting for my life and you have the audacity to charge me for pointing a weapon at these people — their own weapon?"

In 2016, Gilbert Budgell from Newfoundland was charged with second-degree murder after killing a masked intruder. His charges were dropped 17 months later when prosecutors concluded they could not prove guilt beyond a reasonable doubt.

Canadian law states that violent acts are not considered crimes if they are performed to defend oneself and are deemed reasonable under the circumstances. However, the definition of what constitutes a reasonable act of self-defense is complex and includes various factors, such as the relationship between the parties involved and their physical capabilities.

In Canada, carrying self-defense weapons in public is illegal, and firearms can only be owned for hunting or target practice, not explicitly for personal protection. This contrasts sharply with U.S. laws regarding gun ownership for self-defense.

The legal landscape is further complicated by the fact that self-defense claims are often made by individuals involved in criminal activities. For instance, in 2001, Jacques Cinous claimed self-defense after shooting a criminal accomplice, but the Supreme Court ruled against him, stating that Canadian self-defense law does not permit preemptive killings within a criminal organization.

The Kawartha Lakes Police Service has not provided detailed reasons for the charges against McDonald, stating that "the law requires that any defensive action be proportionate to the threat faced" and urging the public to allow the legal process to unfold.