This is How it’s Done in Canada

[Zinjanthropos]

I’ll agree with the Premier (governor for you Murricans) of Ontario on this one.

https://globalnews.ca/news/11342405/ford...n-charges/

Looks like bad guy picked wrong house. He’s in bad shape but if he pulls through it might be financially rewarding to him once he sues the victim of his crime(s).

Ford says something broken, besides nearly every bone in crook’s body by looks of it. Too bad homeowner didn’t shoot the bastard, at least he could claim the guy came at him threatening to kill.

[C C]

“We recognize that the recent media release has generated significant public interest and emotional responses,” the force said. “However, the negative commentary about the officers and their actions is unjust and inaccurate.”

The statement emphasized that investigators laid charges only after reviewing all available evidence and stressed that under Canadian law, charges are part of a process and not proof of guilt.

This means that while homeowners do have the right to protect themselves and their property, the use of force must be proportionate to the level of force used.

“Homeowners do have the right to defend themselves and their property,” the statement continued, referencing Sections 34 and 35 of the Criminal Code. “However, these rights are not unlimited. The use of force must be reasonable given the circumstances.”

If the intruder is a total stranger, how do you really know what the limit is: what he can or cannot rebound from? Was he a 90 pound burglar (only weighed 41 kilograms)? Or maybe even a "little person" burglar?

[Yazata]

Many/most US states (typically the "red states" I'd guess) have "stand your ground" laws that say that if a person is in his/her own home, then there is no duty to retreat from an intruder into that property.

But if a homeowner is going to confront an intruder (who might be armed) it's probably best to try to immediately incapacitate the intruder so that he no longer presents a threat. Which is one reason why so many Americans (including me) own firearms.

Without knowing precisely what happened (was the intruder a burglar? Did the homeowner know him?) and the details are important, I'm inclined to agree with the Ontario Premier and not the police in this case. (Is it really the police that bring criminal charges in Canada? In the US it's local prosecutors (usually called District Attorneys) that do that.

[Zinjanthropos]

I’m thinking there’s more to this story than what’s being presented. It’ll all come out once the trial commences. Ford is pissed at the system and part of the reason may be an incident from a couple months ago where 4 masked men were arrested for trying to steal his car.

We don’t have people called DA’s but we do have Crown prosecutors

AI summarizing:

1. Investigation and Evidence:
Police investigate alleged criminal activity.
They gather evidence to establish "reasonable grounds" to believe an offense has been committed.
This evidence is then submitted to the Crown prosecutor for review.

2. Charging Process:
The Crown prosecutor reviews the evidence, assesses its admissibility, and considers public interest factors.
If the prosecutor believes there is sufficient evidence and it's in the public interest, they will authorize the laying of charges.
Charges are laid by either the police or, if the police refuse, by a private citizen swearing an information before a Justice of the Peace.

3. Types of Charges:
Summary offenses: These are less serious and generally handled in provincial court.
Indictable offenses: These are more serious and may involve the option for the accused to choose their court.

4. What Happens After Charges are Laid:
The accused is either released with a court date or held in custody for a bail hearing.
If held in custody, the bail hearing must be held within 24 hours.
The accused has the right to remain silent, be searched reasonably, and speak with a lawyer.
The court process then begins, including arraignment, presentation of evidence by the Crown, and the accused's opportunity to present a defense.

5. Public Access to Information:
Criminal charges are generally public information.
Court records are accessible to the public, unless specific legislation or court orders restrict access.
This means that anyone can find out if a person has been charged with a criminal offense.

[stryder]

I'd assume it's because of what they might have found at the property.

A normal household (at least in the UK) shouldn't really have weapons. Such as having an arsenal on display. Thats because having weapons available like this is technically "premeditation", as if you have planned for a violent confrontation and possibly gone looking for one.

This is only an "after the fact" point, I mean you could have something hang on the wall and collect dust proving it's just an ornament such as a morningstar or spear. (That would be no different at that point to improvising using a chair, a knife from a draw, or throwing a shoe at an intruder)

It becomes an premeditation issue if a person practices martial skills with the weapon, as that is training muscle memory.

There is also the point if someone does indeed have something that can be used as a weapon, it's it illegal or require licensing? If there was an unregistered firearm used (by the victim), it becomes a crime. Albeit in this instance its suggested there was no gun usage.

[Syne]

Probably just a cricket bat. But maybe the guy kept swinging, like Shawn of the Dead, well after the intruder was incapacitated?
That could be like shooting a fleeing suspect in the back, and would be hard to defend.

In self-defense situations, you want to end the threat quickly but not continue the attack beyond ending the threat. If that means a quick shot to head, that's better than 21 shots, including a reload.

[Zinjanthropos]

. But maybe the guy kept swinging, like Shawn of the Dead, well after the intruder was incapacitated?

Like those MMA fighters who KO an opponent then beat their heads in while they’re down and out on the mat. I don’t think the victim/homeowner qualifies as an MMA referee in this case but maybe he does.

[Syne]

Hopefully he can convincingly testify that the burglar was a threat the whole time he kept beating him... wouldn't drop a weapon, kept approaching, etc..

[Yazata]

Speaking of how it's done in Canada...

I've been watching a lot of Canadian football on TV the last few weeks. (Just saw the WPG Blue Bombers beat the MTL Alouettes) They are good entertaining football games. I already love hockey. Next, I'm scared that I'll probably be watching curling!

I still remember my first visit to Canada as a youth. I turned on the TV in our hotel room to see what Canadian TV looked like, and they were showing people sliding what looked like teapots down an ice rink while sweeping furiously in front of them with brooms!! I almost fell out of my chair laughing! Canadian sports!

Now I like it. I'm in danger of turning Canadian, eh?

[Zinjanthropos]

Speaking of how it's done in Canada...

I've been watching a lot of Canadian football on TV the last few weeks. (Just saw the WPG Blue Bombers beat the MTL Alouettes) They are good entertaining football games. I already love hockey. Next, I'm scared that I'll probably be watching curling!

I still remember my first visit to Canada as a youth. I turned on the TV in our hotel room to see what Canadian TV looked like, and they were showing people sliding what looked like teapots down an ice rink while sweeping furiously in front of them with brooms!! I almost fell out of my chair laughing! Canadian sports!

Now I like it. I'm in danger of turning Canadian, eh?

Actually I find both curling and Canadian football(CFL) boring as hell. I’m not alone here in the North with that sentiment. Be careful, next thing you know is you’ll be drinking Tim Horton’s coffee.

I live about 20-25 minutes from Orchard Park and there are many Bills fans and season ticket holders on our side of the border. Not unusual on game day to see many Bills fans heading towards US border. Remember during Covid we weren’t allowed to drive into USA but helicopters were OK. Saw quite a few choppers heading towards Buffalo then….still do. Was an NHL Buffalo Sabres season ticket holder for 8 years but it was getting goofy at the border plus the team went for a dump and I stop going. Only been to USA three times in last 10 years, once to watch first round of March Madness and other times to pick up people at Buffalo and Niagara Falls NY airports. When I was young man I practically lived over there, at night, some great bars in Buffalo.