WATCH: Poilievre pledges to bring ‘right to self-defence’ bill to Parliament

Poilievre is advocating for a “Stand on Guard” principle to be added to the Criminal Code. This amendment would clarify and reinforce Canadians’ right to self-defence during a home invasion.

Conservative Leader Pierre Poilievre is advocating for a “Stand on Guard” principle to be added to the Criminal Code. This amendment would clarify and reinforce Canadians’ right to self-defence during a home invasion.

During a press conference in Brampton on Friday, Poilievre said if Prime Minister Mark Carney’s Liberals won’t introduce the bill on their own, Conservatives will introduce the proposed amendments in a private member’s bill.

“Your home is your haven. Your family is your responsibility. And your right to defend both is fundamental,” Poilievre said Friday. “Conservatives will make sure the law is finally on your side, so you can stand on guard without fear of punishment.”

The proposed amendment to section 34(2) of the Criminal Code would “deem the use of force to be presumed reasonable when used against an individual who unlawfully enters a house and poses a threat to the safety of anyone inside.” Poilievre noted that under Section 34 of the Criminal Code, Canadians have the right to use force to defend themselves and others from threats of force, but the law is vague and subjective.

He said that the section currently lists nine “very complicated and vague conditions” that can be used to determine whether force used against another person was reasonable in the circumstances, but home invasion is not a factor in and of itself.

“Now look, if you’re defending your house, you don’t have time to think through nine different conditions. You have one condition to protect yourself and your kids,” Poilievre said. “And it is wrong for the law, for the police and for judges to apply a complicated, indecipherable legal doctrine against you when you were only doing what is right.”

“Too often, ordinary Canadians face years of expensive trials while violent repeat offenders walk free on easy bail because of Liberal laws C-5 and C-75.”

He noted that Canadians would do anything in their power to protect their children if they faced a home invasion.

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“They worry when they think about what they might do to protect their family if an intruder ever entered, what do you do if you’ve got a small child down the hallway and you hear that ominous sound of a home invasion,” Poilievre said. “The answer for any parent is we would do anything necessary to protect our children. But unfortunately, people who’ve done that have been have faced the brunt of the law.”

Poilievre recalled the case of a 59-year-old Collingwood, Ontario man, Cameron Gardiner, who spent six months in jail after freeing himself from being zip-tied in his own house, wrestling a gun away from home intruders, shooting and killing two of the three invaders.

“This was yet another case of the Liberals’ two-tier justice system: where monsters get sympathy and endless second chances, while Canadians defending their families are treated like criminals,” Poilievre said in a statement. “Across Canada, families are being forced to live in fear: fear of crime, fear of break-ins and fear of being punished for defending themselves.”

Poilievre claimed the amendment would enable Canadians to act with certainty when their loved ones are in danger and would protect the innocent.

“If a violent intruder breaks into your home and threatens your family, the law will finally be on your side – not theirs,” he said. “(The amendment) presumes reasonableness. Force used to stop a home invader who poses a threat will be deemed reasonable; no more second-guessing after the fact.”

He also said the amendment would “end legal limbo,” ensuring that Canadians who defend themselves won’t spend “years in court while criminals walk free.”

“This law gives clarity to citizens, police and prosecutors. Canadians deserve leadership that will stand on guard for their safety, not criminals’,” Poilievre said in the statement. “Conservatives will always put law-abiding families before repeat offenders and fix the broken justice system that leaves Canadians unsafe in their homes. The government must join us in passing this common-sense bill.”

The proposed bill comes after Jeremy McDonald, a 44-year-old man from Lindsay, Ontario, was charged after defending himself from a home intruder armed with a crossbow at 3 a.m. on August 18.

McDonald’s story gained national attention, prompting Poilievre, Ontario Premier Doug Ford, and Alberta Premier Danielle Smith to all declare that Canadians should be able to defend themselves in their own homes.

McDonald’s case is still before the courts.