Fight Back or Face Charges? Defending Your Home in Ontario

The Lindsay, Ontario break-in case has reignited debate over self-defence. A homeowner fought back against an intruder but now faces aggravated assault charges. Many are asking: do Canadians not have the right to protect themselves in their own homes?

Under Canadian law, you are allowed to use reasonable force to defend yourself, others, or your property. That includes protecting yourself if someone breaks into your home. But the key word is reasonable. If the force used goes beyond what is necessary in the circumstances, it could lead to criminal charges—even if you were the one under attack.

When deciding what is “reasonable,” courts consider factors such as:

• Who started the confrontation.

• Whether the accused believed they or someone else was at risk.

• Whether weapons were involved.

• The nature and proportionality of the force used.

  
  

In plain language: you can fight back, but you cannot go further than necessary. For example, stopping an attack is usually justifiable; continuing to use force after the threat has ended may not be.

That’s why charges sometimes follow even when someone was initially defending themselves. The courts—not the individual—decide where the line is drawn.

Cases like the one in Lindsay highlight the tension: in real life, it’s hard to “measure” your reaction in a split-second under threat.

Still, the takeaway remains: you do have the right to defend yourself, but the law always looks at whether your actions were proportionate to the danger you faced.

If you have any further questions about the use of force and what it means to be reasonable, please contact ABC Lawyers LLP!