Wednesday, August 03, 2011

Self Defence

 I think defending yourself, your kin and your home is a pretty fundamental Canadian right. These charges should be dropped. I have no sympathy for the criminal hiding in the house.

TORONTO — A man escorting his girlfriend to her home Sunday night discovered signs of entry to her house and, fearing for the woman’s mother sleeping inside, searched for intruders. A man was found hiding, Toronto police said. An ensuing struggle left the intruder bleeding from stab wounds.

As frightening as the incident was, it is the charging of the boyfriend with aggravated assault, punishable by 14 years in prison, that makes the case stand out in a clutter of urban crime.

It is the latest flashpoint in the debate over self-defence and protection of property after a number of high-profile cases across Canada brought a clamour for clarity and change.

Defence lawyers yesterday said it’s the sort of case that a defendant — the 28-year-old man charged with the stabbing — would want to be decided by a jury, where citizens can imagine themselves in a similar circumstance and ponder what they might do.

“You can defend your property, you can defend persons in your charge and you can defend yourself. In this case he can make an argument to all three, but he has to use proportional force,” said Gordon Dykstra, a criminal defence attorney in Abbotsford, B.C.


Bert said...

If someone tried that in MY house, they would never find the body.

Dollops said...

"Proportional force" is another of those weasel phrases that allow leftists to cloud issues. The intruder has absolutely no right to be in your home and so has absolutely no right to any moderation in your effort to expel him. Feet first and titsup may be overdoing it but anyone doing B&E's should be cautioned that the homeowner or his agent is free to use any means to remove a threat to family and property.

Gerry said...

I have never understood how someone in the process of breaking the law retains the full coverage of the law. It makes no sense that a person committing a violent act (home invasion is violent by its very nature) has all the protection against any violence done to them.

been around the block said...

In Toronto, you, apparently, can't take photos of Muslims (says one enraged Muslim woman) and if you do, they can punch you in the face and not be charged by the police who are standing nearby, even with eyewitnesses to the event.

I thought the law was to be applied equally -- but in Hogtown, it appears that members of some visible-minority groups are more equal than members of other groups.

dmorris said...

From the article,it isn't clear who pulled the knife,only that after a "struggle" the homeowner stabbed the thief. Maybe he disarmed the thief and used his own knife on him.

A justice spokesman said we can't have the American-style "castle" doctrine,it wouldn't be Canadian.

How typical of the justice system, doing everything they can to protect the perpetrator at the expense of the victim.

Anonymous said...

Yes, the self defending person must alwys be charged. We can't have anyone stealing the thunder of the big, brave, tough cops now can we?

Don't you peons know that you are supposed to cower and whimper until our shining heroes....(DUM DA DA DUUUUMMM) .... The POLICEMENNN arrive to save your helpless asses?

I Support Lord Black