PCs push for clarity in federal use-of-force law after recent home invasions

Manitoba’s Progressive Conservatives are calling on Ottawa to amend the Criminal Code, seeking clearer legal protection for Canadians who use reasonable — even deadly — force to defend themselves or their homes from intruders.

“Manitobans are witnessing an explosion of violent crime across the province, and across the country as well,” Borderland MLA and PC justice critic Josh Guenter said Thursday. “This is one of those things everyone feels is important, to be able to have that right. This is about protecting innocent life.”

Guenter’s resolution in the legislature — which the NDP did not support Thursday — comes after a series of violent home invasions in Winnipeg. In one recent case in Garden City, a suspect forced their way into a home, stabbed a man in his 80s and assaulted a woman in her 70s as the couple relaxed in their living room.

Earlier in October, four masked men stormed a home business in the Maples, shooting the owner and his father in the legs while several other family members, including children, were present.

Rajan Dhalla, who runs the jewelry business and remains in hospital along with his father, said he supports the resolution.

“In the USA, everyone can defend themselves, no one is allowed to come to your property without your permission,” he said. “It should also be a rule here.

“Four people came into my home. They messed up everything. My wife is pregnant. We are all so scared. Me and my father were injured. What could we do? We left our country for a better future here. We started our own business. We do very hard work here. If we are not safe, why are we here?”

The debate around self-defence has also intensified nationally. In August, a 44-year-old man in Lindsay, Ont., was charged with assault after a home invasion left an intruder with life-threatening injuries. That case — and a fatal home invasion in Vaughan the following month — prompted Ontario Premier Doug Ford to argue something was “broken” when people cannot protect their families, calling for stronger self-defence laws.

Under Section 34 of the Criminal Code, Canadians already have the right to defend themselves, but the force used must be reasonable and not excessive.

The law specifies that lethal force generally exceeds legitimate self-defence — except in cases where it’s the only means to prevent serious injury or death. Section 34 also lists nine factors courts can consider in determining whether self-defence was justified, including the nature of the threat and whether a weapon was involved.

Guenter argued the law’s complexity makes it impractical in moments of immediate danger.

“They are very reasonable after the fact; we can use those nine questions to examine whether or not reasonable force was used,” Guenter said. “But in that split-second moment where, let’s say, police are on the way… but there is a man in your home advancing on you with a gun or a knife — you have to make a decision now. You’re not going to consider those nine questions. You’re going to do what it takes to defend yourself and your loved ones.”

In a statement, Justice Minister Matt Wiebe said the PCs are focusing on gimmicks while his government is getting results with its five-point bail plan and successful advocacy to the federal government to strengthen bail and sentencing.

“Unlike the previous government that froze and cut funding for police, we have made record investments in law enforcement to put more boots on the ground to protect you and your family,” Wiebe said in the statement. “If the PCs actually want to make Manitoba safer, they will stop delaying Bill 48, which would address the meth crisis on our streets.”

scott.billeck@freepress.mb.ca