Former prosecutor: Ford govt CAN intervene to protect self-defence rights

Despite Premier Doug Ford’s public stance, Conservative MP Larry Brock recently clarified that Ontario Attorney General Doug Downey has the authority to issue self-defence policy directives.

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Despite Premier Doug Ford’s public stance, Conservative MP Larry Brock recently clarified that Ontario Attorney General Doug Downey has the authority to issue self-defence policy directives concerning homes.

Brock made the comments during a press conference in Brampton, Ontario, on Friday, where Conservative Leader Pierre Poilievre proposed a bill to amend the Criminal Code to strengthen Canadians’ right to self-defence when protecting their own homes and lives.

The proposed amendments come amid a national conversation on Canada’s self-defence laws that was ignited when 44-year-old Jeremy McDonald was charged and arrested after defending his home from an allegedly armed and wanted invader at 3 a.m.

During the conference, Rebel News founder and journalist Ezra Levant asked Poilievre if he would call on Ford to direct prosecutors to abstain from prosecution in such cases.

“For years before marijuana was decriminalized, it was the position of police and prosecution not to charge anyone with small amounts in possession, so they didn’t wait for the parliament,” Levant said before asking his question, noting that Ontario prosecutors are involved in the case of Lindsay man Jeremy Macdonald.

Poilievre answered initially that he believes it’s a great idea, but was unsure of the legal powers that a premier has to direct the prosecution.

“I would not comment on it, but I would hope prosecutors would stop going after law-abiding people who are defending their property. We need prosecutors to go after criminals,” Poilievre said. “But I will say this, we need to change the law. Let’s make the law clear. Let’s, let’s, let’s bring into place the idea that your home is your castle, so that no prosecutor, judge or police officer can ever go after someone who is defending their home against an invader who presents a threat.”

Poilievre handed the podium to Brock; however, as he has more expertise, given his 18 years of experience as a Crown prosecutor.

“Although crown prosecutors in every province, particularly in Ontario, maintain independence, so long as they can justify that independence, they are still directed policy-wise by the Attorney General,” Brock said.

“In this case, the Attorney General of Ontario, being Doug Downey, to answer your question, Mr. Levant, Mr. Downey has that ability to, perhaps, direct the Crown in light of what we are doing at a federal level to reflect upon the change in legislation we hope is about to come.”

True North asked Ford and Downey last week to comment on what leverage the government had, including directing prosectors to defend the right Ford claimed to support, but neither responded.