Matt Gurney: Latest home invasion case to test Canada’s self-defence laws

National Post | Full Comment

Last week, in the Toronto suburb of Markham, an incident occurred that has left one man in hospital and two facing charges. Details are sparse, but it is reported that two brothers encountered three men trying to force their way into the garage of their home in the middle of the night. An altercation ensued, and two of the three would-be intruders fled. The other wound up in critical condition. Police arrested the brothers. Alexandru and Marius Truta, have been charged with aggravated assault. It is not clear at this time who phoned the police to alert them of the incident.

If the Truta brothers were indeed defending their home, however, it’s far from clear that such charges will stick. Indeed, using force to drive off intruders attempting to enter your home (or the home of someone you are helping to defend) is perfectly legal. The case will hinge on…

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