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.
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The police also indicated that the non-resident individual was charged with offences related to home invasion, is known to police, and had an active arrest warrant out.
Considering that farmer guy got away with shooting the native kid in the face a few years ago, I don’t think these charges will stick if it’s just “stabbing is fine, but he stabbed too much.”
A good defense attorney will turn everything you just said against the prosecution. Everything you said was conjuncture, not supported by facts. That the police charged both men means the facts are undetermined, and they are leaving it up to a court of law to sort through. Break-and-enter is not home invasion. It is a broad catch-all.
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The comment released by the police does not refer to it as a home invasion. That is my point. I should have clarified my comment “was never mentioned in any article by the police”
Fair point. I’m not sure police would use that language, as it’s not a legal term as far as I know.
Despite what is in the media, I have not seen any evidence that this was anywhere near a ‘home invasion’.
To add to the above point, the guy was charged with break-and-enter, possession of a weapon with intent, and a few others. He was also already wanted by police. But the fact that the homeowner was in the residence, makes it a “home invasion”.
The fact that those two also knew each other adds complexity of the story, for sure. It may even help the defence.
If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go. So far, the general public has zero evidence-based facts to go on. Just back and forth accusations, and a very injured person. And the media concentrating on the vague statements of only one participant (actually, it appears they are depending on the statements of a third party who was not even present, but ‘just herd that…’).
A lot of posters here are putting words into the mouth of police that the police never stated. What we do have is the official statement of the police as cited in this article. Everything else is media hype.
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Why do I get this strange feeling that the last laugh could easily be from this ‘intruder’, when he wins a multi-million-dollar defamation suit against all the media, and Ford, for portraying him as a ‘guilty home invader’ instead of the victim, because we really do not know all of the facts - what happens if it turns out the facts establish that he was actually invited in, and the home-owner attacked him first, then tried to invoke his innocence by declaring ‘self defense’? Perhaps a drug deal gone bad?
The police refer to an ‘intruder’, and ‘break-and-enter’, but these claims are ‘alleged’ and have not been established in a court of law. Apparently, according to one article I read, the two knew each other.
‘It’s not over until it’s over’, and even then, it is not always over.
Police took the rare step of issuing a statement after they said that news of the arrest “generated significant public interest and emotional responses” as well as “unjust and inaccurate” commentary about the officers involved.
They said investigators examined all information and evidence that was available to them before laying any charges, adding that only a limited amount of information is being released to the public at this time about this incident as to both protect the investigation as well as ensure the right of the accused during their court proceedings.
“The role of the police is to investigate impartially and present findings to the justice system, which ultimately determines the outcome,” the statement notes.
“We encourage you to follow this matter as it proceeds through the justice system.”
Premier speaks out after Ontario resident charged with assault following home invasion
Premier Doug Ford is weighing in after an Ontario man was arrested in connection with the assault of an intruder earlier this week, telling reporters that “something is broken” when you can’t “protect your family.”
CTVNews (www.ctvnews.ca)
Most of the alleged ‘facts’ presented to the public so far are, at best, fabrications of the public imagination. Did Ford even once use the term ‘alleged’, or similar? His statements were made in public, not covered by parliamentary privilege.
He has revealed his rue colors - just like Trump, he wants to be judge, prosecutor, police commander, jury, and executioner. Ford wants to be the only Law that exists.
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A good defense attorney will turn everything you just said against the prosecution. Everything you said was conjuncture, not supported by facts. That the police charged both men means the facts are undetermined, and they are leaving it up to a court of law to sort through. Break-and-enter is not home invasion. It is a broad catch-all.
Good thing I’m not an attorney, solicitor, or barrister, but rather some random on the internet commenting on what information is available to us and referencing a previous case where violence was used by someone claiming defense of their home.
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Good thing I’m not an attorney, solicitor, or barrister, but rather some random on the internet commenting on what information is available to us and referencing a previous case where violence was used by someone claiming defense of their home.
Do you mean you are just some know-nothing highly opinionated blabbermouth who goes on spouting garbage that they have absolutely no knowledge of, just to look important and sound impressive?
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Let’s take the kown facts from what the police have said, and develop an alternative narrative, just as likely as the one Ford espoused, by filling in the gaps with just as valid conjecture.
Mary (obviously no real names are used) is being abused by her boyfriend Bob. Mary decides to move out, and Bob is angry. He will not let her take any of her belongings.
Mary enlists the help of her somewhat nefarious acquaintance, Peter, who has had dealings with Bob on the past and they do not like each other.
So Peter, at Mary’s behest, goes to Bob’s place to collect Mary’s rightfully owned possessions, using force if becessary, because after all they do Belong to Mary. (Bailiffs do this all the time, it is a grey area of law - >Bailiffs and assistant bailiffs generally cannot use force or the threat of force when carrying out their duties. Under the Repair and Storage Liens Act, if the bailiff is acting under a writ of seizure, they may use reasonable force to enter land and premises in some circumstances If so, then other rules may apply. Bailiffs and assistant bailiffs must leave if you tell them to. If they don’t leave, you may wish to contact your local police and inform them that the bailiff or assistant bailiff does not have your consent. In these cases, the repossession or seizure is not deemed “peaceful”. Afterwards, you can also file a complaint with the ministry. https://www.ontario.ca/page/your-rights-when-dealing-bailiff). Bob lets Peter in, reluctantly, but objects to what Peter is taking (ownership is in dispute). A fight breaks out. Peter has taken tools to disassemble some of Mary’s belongings, which can also be classified as break-and-enter or dangerous weapons (a screwdriver). Bob decides to teach both Peter AND Mary exactly who is the boss. So Bob gets the worst of it, neighbors call in the police, Bob gets taken to the hospital, and Peter claims ‘self-defense’. The police, having knowledge of all of them, decide to charge everybody and let the detectives, attorneys, forensics, and the Judge to sort everything out.This is a mix of family, civil and criminal law and the boundaries are blurred…
So Peter not only has regularly beaten the crap out of Mary, he has beaten the crap out of Peter, and somehow he is the victim?
I would submit that this is not actually an uncommon occurrence, that the police, attorneys, and courts deal with regularly. Except that someone ended up in the hospital, perhaps the most innocent Samaritan of all…
Suddenly, the media tables are turned. Who does the media side with? Does Peter now have the unmitigated right to defend his home with any amount of force necessary against this battered spouse’s representative ‘invading’ her own home to get her belongings back?
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If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go. So far, the general public has zero evidence-based facts to go on. Just back and forth accusations, and a very injured person. And the media concentrating on the vague statements of only one participant (actually, it appears they are depending on the statements of a third party who was not even present, but ‘just herd that…’).
A lot of posters here are putting words into the mouth of police that the police never stated. What we do have is the official statement of the police as cited in this article. Everything else is media hype.
If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go.
For sure, and I agree with all that.
However, the police already charged the guy with break & enter, as well as a weapon charge and one or two other charges. Sounds like they had enough evidence, and only the B&E has to stick for this to be a home invasion. The weapon’s charge doesn’t help the guy, as it shows some intent to harm the homeowner.
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I have learned very little about this because it’s extremely obvious we are learning a politically spun version of the story to drum up a hysteria. Not interested in being involved in that.
It is also completely true and well-known that in Canada you do not have unlimited rights to take a life as soon as someone crosses an imaginary border, as you might in the States. I think that’s fine, and the fantasy of “defending yourself” is an American invention of hyperindividualism. The very same that has been absolutely ripping apart their society at the seams. Not really interested in following in their footsteps there.
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I have learned very little about this because it’s extremely obvious we are learning a politically spun version of the story to drum up a hysteria. Not interested in being involved in that.
It is also completely true and well-known that in Canada you do not have unlimited rights to take a life as soon as someone crosses an imaginary border, as you might in the States. I think that’s fine, and the fantasy of “defending yourself” is an American invention of hyperindividualism. The very same that has been absolutely ripping apart their society at the seams. Not really interested in following in their footsteps there.
why are we defending thief and robbers again?
I think that’s fine, and the fantasy of “defending yourself” is an American invention of hyperindividualism
You’ll find that all this thinking quickly disappears when you find a man ravaging your closets at 4am
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why are we defending thief and robbers again?
I think that’s fine, and the fantasy of “defending yourself” is an American invention of hyperindividualism
You’ll find that all this thinking quickly disappears when you find a man ravaging your closets at 4am
People don’t steal for no reason. It is usually desperation, a last resort. If we remove the pressure causing people to feel that stealing is their only option, people won’t steal. I fundamentally believe in providing people their basic needs (food, clothing, shelter) because it makes these problems irrelevant. Ex-cons will tell you themselves that they felt they had absolutely no other option to keep themselves or their family alive. Give them the other option.
As for your fear bait, I’m more scared of dying via car because it’s FAR more statistically likely than your invented scenario.
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People don’t steal for no reason. It is usually desperation, a last resort. If we remove the pressure causing people to feel that stealing is their only option, people won’t steal. I fundamentally believe in providing people their basic needs (food, clothing, shelter) because it makes these problems irrelevant. Ex-cons will tell you themselves that they felt they had absolutely no other option to keep themselves or their family alive. Give them the other option.
As for your fear bait, I’m more scared of dying via car because it’s FAR more statistically likely than your invented scenario.
People don’t steal for no reason. It is usually desperation, a last resort. If we remove the pressure causing people to feel that stealing is their only option, people won’t steal. I fundamentally believe in providing people their basic needs (food, clothing, shelter) because it makes these problems irrelevant.
While i wholeheartedly agree on supporting people both economically and with basic needs, i call bullshit on this one
try to explain that food, clothing and help is available to the guy high on weed, meth and/or heroin stealing your money to get another hit
If you need to resort theft because you actually need food go stealing at Walmart’s, not my house
As for your fear bait, I’m more scared of dying via car because it’s FAR more statistically likely than your invented scenario.
Ok? Feel free to be scared of whatever you want, the chance someone breaks into your house is still there, no matter how low (not that low, especially in some neighborhoods), and i’m not about to treat intruders gently. They chose to steal, they chose to steal from houses, and they chose my house. I had no choice in this, nor should i face the consequences of someone’s else actions which i could not control in any way
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If the only evidence the police have is that the ‘home owner said he broke in’, without any physical evidence of a break in, there is not enough to convict the alleged intruder. If the alleged intruder said ‘he was just visiting to chat about say money or a loan or a mutual lover, and the owner let him in, and a fight ensued’ the police would naturally charge both parties and let the courts decide. If he was let in, there was certainly no ‘home invasion’ until he was asked to go.
For sure, and I agree with all that.
However, the police already charged the guy with break & enter, as well as a weapon charge and one or two other charges. Sounds like they had enough evidence, and only the B&E has to stick for this to be a home invasion. The weapon’s charge doesn’t help the guy, as it shows some intent to harm the homeowner.
The police charged both allegedly known characters, probably realizing that the stories each one were giving them were probably minimally related to the true facts, and decided to leave everything up to defense attorneys, prosecutors, judges, and juries to sort out. Police just are not paid enough, nor are there enough of them, nor is it even in their pay grade, to sort out scenarios like this. The absolute worst thing they could do is to ‘assume the facts not in evidence’ and make their charges based on these ‘assumed facts’, and missing the true crime. They charged him with ‘break and enter’ simply because some of the evidence available could imply that a ‘break and enter’ did happen, but it does not mean there actually was a ‘break and enter’ until a judge determines there was.
It is very common for police to lay charges that seem to fit the available evidence, but withdraw the charges when more evidence becomes available.
If I have a screwdriver in my hand, during some altercation, even if there was a legitimate reason for having it, I could be charged with having a dangerous weapon. The act of possessing the screwdriver itself itself says nothing about ‘intent to harm’, it is how that screwdriver was handled and used that determines the charge. In this case, that ‘intent’ could easily just have been inferred by hearsay evidence, and would not stand up in court.