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  3. UPDATE: In a statement provided to CBC News, Kawartha Lakes Police Chief Kirk Robertson "touches on the assault charge" handed out to the home owner, after he was the victim of a home invasion.

UPDATE: In a statement provided to CBC News, Kawartha Lakes Police Chief Kirk Robertson "touches on the assault charge" handed out to the home owner, after he was the victim of a home invasion.

Scheduled Pinned Locked Moved Canada
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  • L lost_faith

    You break into a house, threaten the people inside, you get what you deserve. If they break your bones or end your life, THAT is the risk YOU take. Fuck this holding the VICTIM responsible. Not much I like from US law, but stand your ground and castle doctrine really ring true for me after being home invaded, robbed, and beaten by 3 invaders. What did the cops do? fuck all. Next fucker breaks intro my house will be dealing with trauma for the rest of their lives.

    edit: Thank you to all who up AND down voted, and engaged in conversation, I appreciate it, and it was cathartic. I won’t be responding to any more of this post as I have said all I will on this. Remember to not get too mad at dissenting opinions and try to have a great day.

    A This user is from outside of this forum
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    archangel1313@lemmy.ca
    wrote on last edited by
    #47

    So…someone else doing something bad, means you get a pass to do something even worse?

    “He tried to steal from me, so I get to murder him”?

    Does that really make sense to you?

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    • A archangel1313@lemmy.ca

      So…someone else doing something bad, means you get a pass to do something even worse?

      “He tried to steal from me, so I get to murder him”?

      Does that really make sense to you?

      L This user is from outside of this forum
      L This user is from outside of this forum
      lost_faith
      wrote on last edited by
      #48

      You break into a house, you have nefarious intentions. You made a choice to cause physical harm, you pay the price. The victim didn’t choose to be broken into, with a weapon to be used against them. The victim doesn’t know if that weapon is for intimidation or action.

      See, this is the problem, victim is held responsible then bleeding hearts feel bad for the aggressor when he gets what’s coming to them. In the moment, you don’t have hours to reflect on your actions and adrenaline is one HELL of a drug but yes, keep protecting the aggressors, when they do serve a small amount of time the bleeding hearts try to get them released even when the victims fear their release

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      • L lost_faith

        Where did I say guns? If I had a gun I wouldn’t have been in the seeing red space, he woulda had a hole in him, one hole more than factory. I don’t own guns (for obvious reasons) and don’t want one personally, I like our gun laws, I don’t like our legal system as there is no justice for the wronged. If the intruder survives their idiocy then they should be punished. If you break into someone’s house you are a threat to their existence and should be dealt with accordingly, if they leave when confronted then they leave, if not they deserve everything they get until you regain control.

        L This user is from outside of this forum
        L This user is from outside of this forum
        leftytighty@slrpnk.net
        wrote on last edited by
        #49

        I’m physically unable to control myself and don’t see anything wrong with that.

        Sounds like you should work on that before you end up hurting someone

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        • C canconda@lemmy.ca

          Give homeowners the same benefit of the doubt

          Plenty of people defend themselves without getting charged. Guarantee this guy could have stopped but didn’t. That’s 99% of what constitutes unreasonable force.

          Everyone who thinks he was automatically charged for fighting back and winning is misinformed.

          Canadians have a legal right to defend themselves. But logically that doesn’t grant you the right to counter-assault or murder others.

          The fact that the RCMP are not releasing any details indicates they have a real case against this guy. For all we know he punched him out than laid the boots on his unconscious body.

          ikidd@lemmy.worldI This user is from outside of this forum
          ikidd@lemmy.worldI This user is from outside of this forum
          ikidd@lemmy.world
          wrote on last edited by
          #50

          If it weren’t for the fact the burglar got charge with a weapons offence, I’d be inclined to agree. That bar of “reasonable” should go pretty high when someone’s in your house with a weapon. Now who knows what it was, and maybe the homeowner did beat him after he wasn’t a threat anymore.

          I probably wouldn’t go around “guaranteeing” anything. I just hope the definition of reasonable matches the circumstances because there’s a reason people in Canada don’t think you have a right to self-defence, as they’ve recently updated the self-defence laws because of murkiness, and it’s still not clear.

          C 1 Reply Last reply
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          • L lost_faith

            Where did I say guns? If I had a gun I wouldn’t have been in the seeing red space, he woulda had a hole in him, one hole more than factory. I don’t own guns (for obvious reasons) and don’t want one personally, I like our gun laws, I don’t like our legal system as there is no justice for the wronged. If the intruder survives their idiocy then they should be punished. If you break into someone’s house you are a threat to their existence and should be dealt with accordingly, if they leave when confronted then they leave, if not they deserve everything they get until you regain control.

            J This user is from outside of this forum
            J This user is from outside of this forum
            jhex@lemmy.world
            wrote on last edited by
            #51

            If I had a gun I wouldn’t have been in the seeing red space, he woulda had a hole in him

            this is the kind of asshole that shoots kids on halloween for kncking on the wrong door

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            • ikidd@lemmy.worldI ikidd@lemmy.world

              If it weren’t for the fact the burglar got charge with a weapons offence, I’d be inclined to agree. That bar of “reasonable” should go pretty high when someone’s in your house with a weapon. Now who knows what it was, and maybe the homeowner did beat him after he wasn’t a threat anymore.

              I probably wouldn’t go around “guaranteeing” anything. I just hope the definition of reasonable matches the circumstances because there’s a reason people in Canada don’t think you have a right to self-defence, as they’ve recently updated the self-defence laws because of murkiness, and it’s still not clear.

              C This user is from outside of this forum
              C This user is from outside of this forum
              canconda@lemmy.ca
              wrote on last edited by canconda@lemmy.ca
              #52

              The fact that you think there is a single definition is the root of your fundamental misunderstanding.

              (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

              (a) the nature of the force or threat;

              (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

              © the person’s role in the incident;

              (d) whether any party to the incident used or threatened to use a weapon;

              (e) the size, age, gender and physical capabilities of the parties to the incident;

              (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

              (f.1) any history of interaction or communication between the parties to the incident;

              (g) the nature and proportionality of the person’s response to the use or threat of force; and

              (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

              Link Preview Image
              Criminal Code

              Federal laws of Canada

              favicon

              (lois-laws.justice.gc.ca)

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              • J jhex@lemmy.world

                If I had a gun I wouldn’t have been in the seeing red space, he woulda had a hole in him

                this is the kind of asshole that shoots kids on halloween for kncking on the wrong door

                L This user is from outside of this forum
                L This user is from outside of this forum
                lost_faith
                wrote on last edited by
                #53

                Ok, gotta answer this…

                No, I am the kind of asshole that gives kids the good candies and chocolates on Halloween and asks them whats up the rest of the year, cause you know, ringing my door bell or knocking is not a threat ffs

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                • L lost_faith

                  You break into a house, you have nefarious intentions. You made a choice to cause physical harm, you pay the price. The victim didn’t choose to be broken into, with a weapon to be used against them. The victim doesn’t know if that weapon is for intimidation or action.

                  See, this is the problem, victim is held responsible then bleeding hearts feel bad for the aggressor when he gets what’s coming to them. In the moment, you don’t have hours to reflect on your actions and adrenaline is one HELL of a drug but yes, keep protecting the aggressors, when they do serve a small amount of time the bleeding hearts try to get them released even when the victims fear their release

                  A This user is from outside of this forum
                  A This user is from outside of this forum
                  archangel1313@lemmy.ca
                  wrote on last edited by
                  #54

                  You break into a house, you have nefarious intentions. You made a choice to cause physical harm

                  You tie a man up, and beat him to death…then, you also have “nefarious intentions”. If you didn’t intend to do any harm, then you wouldn’t.

                  You stop being a victim when you choose to keep going, after the point where it stops being necessary. If that’s simply because you lack any kind of self-control…then it’s manslaughter. But if you knew what you were doing, and did it anyway…then it’s murder.

                  It’s not fucking hard, dude. It doesn’t matter how much you think they “deserve” to die. Murder is still murder.

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                  • A archangel1313@lemmy.ca

                    You break into a house, you have nefarious intentions. You made a choice to cause physical harm

                    You tie a man up, and beat him to death…then, you also have “nefarious intentions”. If you didn’t intend to do any harm, then you wouldn’t.

                    You stop being a victim when you choose to keep going, after the point where it stops being necessary. If that’s simply because you lack any kind of self-control…then it’s manslaughter. But if you knew what you were doing, and did it anyway…then it’s murder.

                    It’s not fucking hard, dude. It doesn’t matter how much you think they “deserve” to die. Murder is still murder.

                    C This user is from outside of this forum
                    C This user is from outside of this forum
                    canconda@lemmy.ca
                    wrote on last edited by
                    #55

                    The guy you’re replying to appears to have some PTSD from being burgled and assaulted. I don’t think they’re really arguing here so much as emoting.

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                    • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

                      Hypothetical of the day, if you’re forced into sudden fight or flight situation and you decide to fight can you determine reasonable use of force on the fly without hesitation?

                      What would you do?

                      OtterO This user is from outside of this forum
                      OtterO This user is from outside of this forum
                      Otter
                      wrote on last edited by otter@lemmy.ca
                      #56

                      I found this interview by CBC to have a good amount of detail, see around 8:00 for your question

                      https://m.youtube.com/watch?v=Y7gbMJCW2xY

                      Reasonable force doesn’t mean planning it out perfectly in a stressful situation. It means doing what a reasonable person would do in your shoes.

                      • someone comes at you with a knife and it looks like they’ll hurt you -> deadly force is more warranted
                      • someone is standing back while holding a wrench and telling you not to come closer -> deadly force is not as warranted

                      Like the video describes, there’s still lots to this case that we don’t know and to me it doesn’t seem like this is setting any new precedent

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                      • C canconda@lemmy.ca

                        If I shoot him again to finish him in that state, that’s murder.

                        That’s how our laws work to, just you’d need a license to have that gun. You can beat someone’s ass in self defense but if you lay the boots in after they’re out cold that’s its own crime.

                        Guarantee that’s the situation here. The fact that the RCMP are withholding details indicates they have a serious case against the guy.

                        Nik282000N This user is from outside of this forum
                        Nik282000N This user is from outside of this forum
                        Nik282000
                        wrote on last edited by
                        #57

                        just you’d need a license to have that gun

                        There is no legal way to have a gun and ammunition that accessible in Canada. In the time it would take you to retrieve both and then load a legally stored gun your home invader could have had a coffee.

                        Also keeping some other weapon nearby, like a bat by the door, constitutes some kind of premeditation to using it as a weapon.

                        Self defence laws in Canada are extremely restrictive given the increase in car jacking and home invasions to steal cars.

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                        • A asg101@lemmy.ca

                          I despise Doug Ford in general, but I agree with him on this issue. Someone fighting for their lives does not have the time or expertise to have to be considering what is an “appropriate” response, and should not be required to. Also ACAB.

                          OtterO This user is from outside of this forum
                          OtterO This user is from outside of this forum
                          Otter
                          wrote on last edited by
                          #58

                          The part I disagree with is that he’s making political statements before more details are released to the public for us to judge what happened, and that he’s misrepresenting what the law is. You don’t need to carefully consider appropriateness and pick the perfect action. The ‘reasonable’ refers to doing what a reasonable person would do in your situation, and not a significant escalation past that.

                          This interview with a former crown prosecutor dives into it in more depth (around 4:00 minutes in)

                          https://m.youtube.com/watch?v=Y7gbMJCW2xY

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                          • C canconda@lemmy.ca

                            The guy you’re replying to appears to have some PTSD from being burgled and assaulted. I don’t think they’re really arguing here so much as emoting.

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                            archangel1313@lemmy.ca
                            wrote on last edited by
                            #59

                            Fair point. You’re probably right.

                            1 Reply Last reply
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                            • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

                              cross-posted from: https://sh.itjust.works/post/44480641

                              Link to the original article, including the update

                              Link Preview Image
                              D This user is from outside of this forum
                              D This user is from outside of this forum
                              daryl@lemmy.ca
                              wrote on last edited by daryl@lemmy.ca
                              #60

                              Does a store owner get to cut off the hand of a person who just steals a single candy from a bulk food bin?

                              The law is clear - in Canada, the courts determine the punishment, not the individual citizen. That is what ‘Common Law’ is all about - one common law for all, uniformly and consistently applied.

                              It appears that the general public has gotten ‘punishment’ confused with ‘defending property’.

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                              • Nik282000N Nik282000

                                just you’d need a license to have that gun

                                There is no legal way to have a gun and ammunition that accessible in Canada. In the time it would take you to retrieve both and then load a legally stored gun your home invader could have had a coffee.

                                Also keeping some other weapon nearby, like a bat by the door, constitutes some kind of premeditation to using it as a weapon.

                                Self defence laws in Canada are extremely restrictive given the increase in car jacking and home invasions to steal cars.

                                C This user is from outside of this forum
                                C This user is from outside of this forum
                                canconda@lemmy.ca
                                wrote on last edited by
                                #61

                                There is no legal way to have a gun and ammunition that accessible in Canada.

                                Have you met an RPAL carrier? “Better tried by 12 than carried by 6” is kind of their mantra. I can think of 3 off the top of my head that I know 100% have loaded guns stashed in their residence (no kids).

                                Also keeping some other weapon nearby, like a bat by the door, constitutes some kind of premeditation to using it as a weapon.

                                My baseball bat is always in the hallway with my baseball and glove. How you articulate your actions matters. If you incriminate yourself by saying you carry a tool for self defense that’s on you. That’s why lawyers constantly tell you to never talk to the police. What you say can and will be used against you. They are not your friend just because you perceive yourself to be the victim.

                                Self defence laws in Canada are extremely restrictive given the increase in car jacking and home invasions to steal cars.

                                Self =! cars and property. Your right to defend yourself or others doesn’t give you the right to assault someone taking your ps5. Can you see how extending self defense rights to property would be a very slippery slope?

                                Nik282000N 1 Reply Last reply
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                                • L lost_faith

                                  Ok, gotta answer this…

                                  No, I am the kind of asshole that gives kids the good candies and chocolates on Halloween and asks them whats up the rest of the year, cause you know, ringing my door bell or knocking is not a threat ffs

                                  J This user is from outside of this forum
                                  J This user is from outside of this forum
                                  jhex@lemmy.world
                                  wrote on last edited by
                                  #62

                                  until you “lose” it and then tragedy ensues

                                  1 Reply Last reply
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                                  • C canconda@lemmy.ca

                                    There is no legal way to have a gun and ammunition that accessible in Canada.

                                    Have you met an RPAL carrier? “Better tried by 12 than carried by 6” is kind of their mantra. I can think of 3 off the top of my head that I know 100% have loaded guns stashed in their residence (no kids).

                                    Also keeping some other weapon nearby, like a bat by the door, constitutes some kind of premeditation to using it as a weapon.

                                    My baseball bat is always in the hallway with my baseball and glove. How you articulate your actions matters. If you incriminate yourself by saying you carry a tool for self defense that’s on you. That’s why lawyers constantly tell you to never talk to the police. What you say can and will be used against you. They are not your friend just because you perceive yourself to be the victim.

                                    Self defence laws in Canada are extremely restrictive given the increase in car jacking and home invasions to steal cars.

                                    Self =! cars and property. Your right to defend yourself or others doesn’t give you the right to assault someone taking your ps5. Can you see how extending self defense rights to property would be a very slippery slope?

                                    Nik282000N This user is from outside of this forum
                                    Nik282000N This user is from outside of this forum
                                    Nik282000
                                    wrote on last edited by
                                    #63

                                    Have you met an RPAL carrier? “Better tried by 12 than carried by 6” is kind of their mantra. I can think of 3 off the top of my head that I know 100% have loaded guns stashed in their residence (no kids).

                                    I have, they keep their firearm and ammo locked up, they never transport their firearm anywhere but to and from the range and they never load or discharge it anywhere but at the range.

                                    Having to make the decision between jail time or death is a failure on the part of Canada. The police can kill you because they felt “their life or the lives of other officers were in danger,” a person in their home should be held to the same standard.

                                    Can you see how extending self defense rights to property would be a very slippery slope?

                                    For sure but I was talking about the increase in criminals attacking people directly, in their vehicle or home, in order to get that vehicle. You have no option to backoff when you are part one of their two part plan.

                                    If someone breaks into your house and starts cramming your home theater into a sack then no, you should not be free to kill them but you should be able to threaten or use violence to remove them from your home. The police will not come in time, if at all. Telling people that they have to just sit there and watch the thousands of hours they burn at work get taken from them without recourse is insane.

                                    C 1 Reply Last reply
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                                    • C canconda@lemmy.ca

                                      Exactly. Canadian laws are design to incentivize de-escalating the level of violence. Unlike American laws which incentivize jumping straight to lethal force.

                                      Nik282000N This user is from outside of this forum
                                      Nik282000N This user is from outside of this forum
                                      Nik282000
                                      wrote on last edited by
                                      #64

                                      “I feared for my life and the lives of my fellow officers.”

                                      Why are individuals held to stricter rules? It should not be legal to shoot someone who is stealing your lawn gnomes but an armed thief inside your house is a thread of unknown magnitude.

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                                      • S showroom7561@lemmy.ca

                                        Reasonable force means you can hurt them (pretty badly) but once they stop being a threat you have stop hurting them.

                                        So, dead?

                                        It’s almost unreasonable for the courts to believe that someone experiencing a home invasion would be in anything but survival mode, and would have the capacity to simply “calm down” once the threat has been stopped. Because to them, they don’t know if the threat is over, or if someone else is going to bust in to kill them, or if the original attacker will fight back, or if they have a weapon, etc.

                                        Courts should be very lenient towards homeowners deafening their life, family, and property. And if the jackass who decided to commit this crime is still alive, they should have severe consequences laid on them, with additional compensation to the homeowner for the trauma they caused.

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                                        daryl@lemmy.ca
                                        wrote on last edited by
                                        #65

                                        The term ‘home invasion’ was never mentioned in any article. Stop making up your own ‘facts; and then treating them as truth, making up your facts’ to suit the position you want to proselytize.

                                        S 1 Reply Last reply
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                                        • ohshit604@sh.itjust.worksO ohshit604@sh.itjust.works

                                          cross-posted from: https://sh.itjust.works/post/44480641

                                          Link to the original article, including the update

                                          Link Preview Image
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                                          D This user is from outside of this forum
                                          daryl@lemmy.ca
                                          wrote on last edited by
                                          #66

                                          Thankfully, this is Canada and we have a history of not taking the law into our own hands. It is, in our country, still up to the court and a judge to determine guilt and administer judgement and punishment.

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