By MPP Bobbi Ann Brady
A couple of weeks ago, I wrote a letter to The Honourable Sean Fraser, Federal Minister of Justice and Attorney General of Canada, asking him to consider enacting U.S. style Castle Doctrine in Canada. Castle Law empowers individuals to use force, including deadly force, to defend themselves in their home (or other legally occupied spaces) against an intruder without the necessity to retreat.
Premier Doug Ford recently called on the federal government to reinstate castle law after a Vaughan homeowner was charged after scaring off car thieves with a warning shot. He also mentioned on television how one night in mid-June, masked individuals tried to steal a vehicle from his driveway. His security team pursued the suspects, which led to arrests and charges. Ford wondered aloud what someone without a security detail would have to do to defend his or her family, home, and property. Ford’s main point was there should be no charges when a citizen using any force necessary protects their home, family, and property from criminal invaders. On this issue I could not agree more with the Premier.
In my previous role, and now as your MPP, I have heard from many who have major concerns with increasing criminality in our own backyard. You tell me you feel the criminals think they can act with near impunity in the face of Canada’s soft-on-crime and hug-a-thug justice system. I hear time and time again about the joke that is our bail and probation system…how many times do we read about repeat criminals being released on minimal bail or out on probation just to commit another serious crime? Too many. The laws favour criminals. Offenders are just not being held duly accountable and feel that crime really does pay in Canada.
Naturally, some of you are scared, especially when you read locally of home invasions. You rightly feel the need to protect yourselves. And as I poked around the web reading legal and media opinions, Canada’s laws are muddy when it comes to protecting one’s home. Few of us in Haldimand-Norfolk want to just sit there and let bad things happen or run. Or just call the police and hope they arrive in time.
In the Toronto Sun, lawyer Marty Gobin recently summed it up and provided some historical context, “The castle doctrine is an extension of the principle dating back to before Confederation that an “Englishman’s home is his castle.” In the context of self-defence law, it means that, unlike a person who uses defensive force in a public setting, there is never a requirement for a victim of a crime to retreat on their own property as an alternative to using reasonably necessary force to defend themselves.”
I believe our justice system needs a revamp. And justice includes allowing law-abiding peaceful citizens to use reasonable force to defend themselves, their family, and their property. I hope Minister Fraser takes heed and codifies this into easy-to-understand and enforceable law. I suggest that if you agree with the Premier and me to contact your Member of Parliament as well.
Bobbi Ann Brady is the MPP for Haldimand-Norfolk