r/canadaguns • u/GhostProtocolGaming • Mar 12 '26

News / Politics / Activism Stand on Guard - Conservative Party of Canada

https://www.conservative.ca/stand-on-guard-2/

The bill makes important changes to Section 34 of the Criminal Code so that force is presumed to be justified if used against an illegal intruder. Conservatives first announced the ‘Stand on Guard’ principle back in August, asking the government to introduce legislation in the fall session.

269 Upvotes

90% Upvoted

235 comments sorted by

View all comments

Show parent comments

41

u/GhostProtocolGaming Mar 12 '26

In Ontario, an "illegal intruder" (or trespasser) is defined as any person who enters a property without permission, lawful justification, or legal authority. This includes individuals who enter a dwelling-house (home) either through force or by using a temporarily open, unlocked, or partially opened entrance.

17

u/Nearby_Purchase_8672 Mar 12 '26

Definitely important to know how it is defined, and that this doesn't exclude because a door was unlocked

13

u/LongRoadNorth Mar 12 '26

The issue in Canada isn't what the law says is legal force or not. Because contrarily to what the conservatives say you do have the right to protect yourself.

The problem is cops lay charges regardless and then it's up to you to go through all the court proceedings to prove your innocence.

The more important and beneficial change needs to come in the way the police issue charges more than what the law actually is in regards to defending yourself. They charge before they even investigate when it comes to defending yourself in your home. That needs to change.

Because even if we had this stand your ground law, there will be plenty of times it's abused or used when it shouldn't be and you'd still be charged.

2

u/Del1c1on Mar 12 '26

The laws in our country around arrests and charging definetely ties the hands of police. This also includes releasing post arrest. Part of the reason we have so many repeat offenders is that unless criteria are met police and the courts have to release them with a court date.

It is absolutely ridiculous that someone would have to prove their innocence when it's supposed to be on the crown to prove guilt. Either way I would rather risk losing in court than not taking action at all and risk my family.