Assault charges dropped against Ontario man who confronted home intruder

https://lemmy.ca/post/61018204

Assault charges dropped against Ontario man who confronted home intruder - Lemmy.ca

Hmmm. The article indicates a broken window, and further ‘medical and forensic evidence’. If the broken window was the point of access, it might indicate that a lot of the cuts sustained by the alleged intruder could be traced to the broken glass. That fact would change the entire scenario. It then becomes ‘much ado about nothing’.

I can’t imagine living in a place where defending yourself in your own home from an intruder with a crossbow is up for debate.

Read the article bud.

Crown attorney Sarah Repka told the court on Thursday that prosecutors have since been able to review further evidence, including medical records and the results of forensic testing, that were not available to police when they first laid charges.

At the time that the charges were brought, the evidence suggested he may have broken the law. New evidence made it sufficiently clear that he hadn’t. That’s a really big part of how prosecutions work.

We have a very simple principle here; proportionate response. Someone tries to beat the crap out of you, you got every right to beat the crap out of him. Someone pulls a knife on you, you can pull a knife on him. Someone attacks you with enough physical force and threat that you’re in fear of your life, you can do what it takes to protect yourself. And it’s very, very rare that cases like this even get prosecuted, because the law and the courts are very generous to the defendant.

You can absolutely defend yourself in Canada. We just don’t like the idea of people gunning down a teenager for the crime of ringing their doorbell.

But this defense costs money. Likely thousands. That shouldn’t be the case

The Crown dropped the case of their own accord after reviewing the additional evidence. He didn’t have to defend himself in court.

Obviously that doesn’t mean that no legal costs were incurred. We do have public defenders in Canada, so it’s likely those costs were born by the state. If he did incur any out of pocket expenses I would certainly like to see him compensated for those. Unfortunately I’m not aware of what the specific law is on that matter.

But again, as I pointed out elsewhere, this is a very, very rare case. Normally cases for self-defence are never even brought to begin with. The Crown either fucked up very badly here, or they sincerely believed that they had a very strong case that this was not legitimate.

That can happen in any justice system. Unless your simply declare that all murder is legal, there is absolutely no version of a style defence exemption that will not sometimes be wrongly prosecuted. The question here is not whether or not the prosecuters were right to bring the case, it’s whether or not Canada’s legal self-defence standard makes sense. And given a choice between what we have, which works extremely well, and very rarely produces outlier results like this (remember, you never hear about the self-defence incidents that don’t get prosecuted) and a system where cleaners get shot for knocking at the wrong house, I think the choice is clear.

There’s a few ways I would like to take this but also I think overall I agree with you.

I don’t go into it to much but where I’m slowly adapting my views are on a few issues.

One is that I think one is that no cost should be incurred by anyone who defended themselves. I do totally get the argument that everybody deserves justice including criminals. But the stories I’ve come across tend to highlight how self defense laws are lacking in Canada and there is a lot of room between allowing all killings and some kind of castle doctrine.

The second issue for me is as I’ve aged, I can’t tell you what the hell police do. The amount of times myself or someone i know has called them, only for them to say “not much we can do, just file a report online” is too many. Yet majority of my municipal taxes go to them. So for me I am coming around to the idea that we need to pull back some of the responsibility society has given to police and reclaim it ourselves. They’re not keeping us safe. They are now refusing to act when the government tells them to. Because of this I think society does need to go back to the idea that we can’t rely on the justice system.

The amount of times myself or someone i know has called them, only for them to say “not much we can do, just file a report online”

Exactly how high do you want your taxes to go? Complete coverage for all o the calls would be prohibitively expensive, and I suspect you would be one of the first people to protest your high taxes.

If they cannot provide this basic service then we as the public need to the law in our own hands. The entier reason we do not is we entrust that to police. But they no longer serve. They are there to increase their budget and militarize themselves to protect only certain people.
So a provatized police force, on contract to only the wealthy who can afford them, accountable only to their employers?
That’s the one
They are doing what they are capable of within their budgets, that are constrained by the taxpayer.
No they’re not. They have the largest budgets every where. They are misallocating their budget. They are fat on the hog. Salaries and benefits are too high. Their equipment egregious. They are not providing even basic law enforcement capabilities. They should be the first place to look for budget cuts until they get in order
Do you have any idea as to exactly how many police they would need to actively investigate every car break in? You sound exactly like the criminal element in America that is demanding they defund the police to make it easier for criminals to prosper. This is Canada, not America.
You tell me. How many?
More than our taxes will ever pay for, that is assured. Given that there were 239 car thefts per 100,000 Canadians in 2024, (that is not even car break-ins, but car theft) I would suggest we would suggest a ratio of 1 police officers per 1,000 people would suffice.
That’s the number of occurrences now. But it isn’t policed now. Police what taken it upon themselves to be judges deciding where the law will and will not be applied. Criminals know petty crime is overlooked. Police won’t even arrest individuals they find rummage in a vehicle. Those break ins are also not evenly distributed across the country. Police are choosing not to tackle this issue. It is not beneath them. It is their job.
You seem ti be living in some fantasy world of your own design, certainly not the reality in Canada. Why are you making all of these things up? Do you expect Canadians to believe you?
This is in Canada. You tell me. A cop finds someone in your car going through it. What are they going to do?
By the law, they need to have some very good reason to question them, How do they determine if it is an intruder, or the person has permission to be in the car? They can not arbitrarily stop and detain. However, if the owner of the car is present, or has reported the intruder, they can act. It does not matter how many officers there are on the force, they are constrained in what they can do by the Charter of Rights and Freedoms. If they act in contravention of this, then they are subject to complaints from the public about their rights being violated. But if an intruder gas been reported, and the officer catches them in the act, and has probable grounds, the officer will charge them. Unless they are under age. That is a completely different scenario and a different court system.
Have you ever had to can the police to report something like this?
I have never had to can a police officer. But I have called the police after the fact, the next morning, just to establish a case number for the insurance claim. There is absolutely no evidence they can collect that is meaningful, it is a waste of their time to show up. The ones that break in always wear gloves, and there is no useful evidence they can use to track down the culprit. They need to catch them in the act, or shortly after if they still have anything they stole that can be identified.