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This is another insane case of Canada's criminal-centric laws gone mad.
Ontario Man Charged With Murder for Shooting Home Intruder
Attacking His Mother: Lawyer
By Tara MacIsaac
February 23, 2023Updated: February 24, 2023
A 22-year-old Ontario man is charged with second-degree murder for allegedly killing one of five people who entered his home, likely to rob it, say police.
Ali Mian of Milton shot the intruder only once and did not intend to kill, his lawyer told The Epoch Times in an emailed statement.
“[Mian], who lives at home with his single mother, shot at an intruder that broke into his home and attacked his mother,” criminal lawyer Jag Virk said. “He is a registered firearm owner and used his gun legally against an armed intruder. He shouldn’t be charged with murder for protecting his mother.”
The break-in occurred on Feb. 19 at about 5 a.m. on Gibson Crescent.
Police have not identified the deceased. One man was charged with breaking and entering, 20-year-old Romario Clarke of Oshawa. Clarke was also charged with unauthorized possession of a firearm.
A white vehicle Halton Police say was likely used for three suspects to escape after a failed robbery in Milton, Ont.,
on Feb. 19, 2023. (Halton Regional Police)
Limits of Self-Defence
Two cases in Halifax, Nova Scotia, in recent months also involved the death of alleged home invaders.
Halifax Regional Police said two men were invading a home when the occupant confronted them and fatally stabbed one of them, on Dec. 30, 2022. The deceased’s name is Anthony Robert Herritt.
“Is it considered self-defence? … That term is a difficult thing to consider,” spokesperson Const. John MacLeod told reporters, according to Global News.
“What our investigators need to do is look at the evidence before them, gather up all the information they have and determine whether or not charges would be appropriate. And in this case, at this time, our investigators are not considering any charges.”
The second case occurred on Jan. 4, when a 33-year-old man was fatally shot. The man, along with two others, had invaded a home. One of the three was armed, police said, and when a struggle ensued with the occupants, the gun went off.
According to sections 34 and 35 of the Criminal Code, a person is not guilty of an offence in defending himself and his property, but only under certain conditions.
Those include that the act “is reasonable in the circumstances.” The Code lists eight considerations in determining what is “reasonable.” They include the nature of the threat, to what extend(sic) the threat was imminent, and if other means were available to respond to the threat.
As if in a home invasion situation, you are going to weigh the different response possibilities while your mother is being attacked!!! What madness!
When someone invades another's home, they should surrender all rights, even to life itself. A person whose home is invaded, and whose family is threatened, should not have to worry about the rights of the invader.
The Canadian Press contributed to this report.
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