Man arrested after assaulting intruder inside his Lindsay home: police

Sara Santos-Vigneault
Sep 1
5 min read

Updated: Sep 11

Written by: Sara Santos-Vigneault

Date: September 1, 2025

Intruder in a balaclava attempts to pry open a wooden door with a crowbar. The scene is set against a stone wall, conveying secrecy. — Image by Kris from Pixabay

In Lindsay, Ontario a homeowner is facing criminal charges after a violent confrontation with an intruder in his apartment early Monday morning.

According to the Kawartha Lakes Police Service, the 44-year-old resident awoke around 3:20 a.m. on August 18, 2025, to find a man unlawfully inside his Kent Street home.

A physical altercation followed. The alleged intruder, 41, suffered life-threatening injuries, was treated at Ross Memorial Hospital, and later airlifted to a Toronto trauma centre.

Police say the homeowner is charged with aggravated assault and assault with a weapon. He has been released from custody and is scheduled to appear in court at a future date.

The intruder, who was already wanted on unrelated matters, has been charged with break and enter, possession of a weapon for a dangerous purpose, mischief under $5,000, and failure to comply with probation. He will remain in custody pending a bail hearing once released from medical care.

Police confirmed there is no current threat to public safety, but the incident raises important legal questions about the rights of homeowners during break-ins.

Understanding Self-Defence and Home Defence in Canada

Under Section 34 of the Criminal Code of Canada, a person may use force to protect themselves or another if they believe on reasonable grounds that force is being used or threatened against them, and the force is necessary for defence. However, the law also emphasizes proportionality.

The courts will examine:

The nature of the threat
Whether the person reasonably believed the force was necessary
The extent of the force used
Whether other options were available (such as fleeing or calling police)

Full text of Section 34 https://laws-lois.justice.gc.ca/eng/acts/C-46/page-18.html#h-116632

Canada does not have a U.S.-style "castle doctrine" that automatically protects homeowners from liability when using force in their homes. Instead, every case is assessed individually to determine whether the force used was reasonable and justified under the circumstances.

Recent Canadian Cases Highlighting the Limits of Home Defence

Milton, Ontario (2023)

A homeowner was charged with second-degree murder after allegedly shooting and killing an intruder during a home break-in. Although the homeowner claimed self-defence, the Crown laid charges, suggesting the force used may have gone beyond what was legally permissible. This case spurred national discussion on the limits of lawful home defence in Canada.

CBC article https://www.cbc.ca/news/canada/toronto/milton-home-invasion-death-1.6740516

Halifax, Nova Scotia (2022)

In Halifax, a man was found not guilty after stabbing an intruder during a late-night break-in. The court ruled that the use of force was justified and necessary under the specific circumstances. The decision showed how courts apply self-defence laws based on context, perceived danger, and immediacy of the threat.

CTV News coverage https://atlantic.ctvnews.ca/n-s-man-found-not-guilty-of-stabbing-intruder-in-self-defence-1.5721300

These cases demonstrate that while self-defence is recognized in Canadian law, it does not provide automatic protection from criminal charges, even when an intruder is involved.

Image by Лечение наркомании from Pixabay — Image by **Лечение наркомании** from Pixabay

What Homeowners Should and Should Not Do During a Home Intruder Break-In

Canadian law allows individuals to protect themselves, others, and their property—but only to the extent that the force used is reasonable and necessary.

Here are key guidelines based on legal standards:

What to Do:

Call 911 immediately when you become aware of an intruder.
Avoid confrontation if possible—retreating or securing yourself in a room can demonstrate reasonableness.
Use only the force necessary to stop the threat—not to punish or pursue.
Cooperate fully with police and be truthful about what happened.

What Not to Do:

Do not use deadly force unless your life or someone else’s is in immediate danger.
Do not chase or attack an intruder who is fleeing or no longer posing a threat.
Do not destroy or hide evidence, including weapons or footage.
Do not assume the law is on your side just because the person was in your home.

Using more force than necessary can result in criminal charges such as assault or even manslaughter. The absence of a clear "castle doctrine" means Canadian courts must evaluate each situation carefully.

This case in Lindsay serves as a timely reminder that the boundaries of lawful self-defence in Canada are defined by specific legal statutes—not personal intuition. While the instinct to protect oneself and one’s home from a home intruder is natural, the Criminal Code of Canada imposes clear legal limits on when and how force may be used.

The primary law governing self-defence is Section 34 of the Criminal Code, which allows a person to use force against someone if they:

Believe on reasonable grounds that force is being used against them or another person, and
Believe that the force used is necessary for their own defence or the defence of another.

The courts must also consider whether the force was reasonable in the circumstances. This includes assessing factors such as:

The nature of the threat
Whether there were alternatives to using force
The extent of the force used
Whether the accused provoked the confrontation

Criminal Code – Section 34: Self-Defence

https://laws-lois.justice.gc.ca/eng/acts/C-46/page-18.html#h-116632

When it comes to protecting property, Section 35 of the Criminal Code applies. This provision permits individuals to use force to prevent someone from unlawfully entering or damaging property, or to remove them, but only if:

The person is in peaceful possession of the property
The force is reasonable in the circumstances
There is no intent to cause death or grievous bodily harm unless strictly necessary to protect oneself

Criminal Code – Section 35: Defence of Property

https://laws-lois.justice.gc.ca/eng/acts/C-46/page-18.html#h-116633

Importantly, Canada does not have a “castle doctrine” like some U.S. states, which would grant homeowners automatic legal immunity when using force inside their home. Instead, the law requires that every use of force—no matter where it occurs—must be justified as reasonable based on all surrounding circumstances.

Failure to act within these boundaries may result in serious criminal charges, including assault, aggravated assault, manslaughter, or even murder, depending on the outcome and perceived level of excessiveness.

In this Lindsay case, the homeowner was charged despite the presence of an intruder, reinforcing that self-defence is not a blanket defence. The Crown will assess whether the force used was consistent with Sections 34 and 35, and ultimately, the courts will decide based on evidence and applicable precedent.

For more information, you can consult the Government of Canada’s official explanation of self-defence and defence of property laws:Justice Canada – Self-Defence and Defence of Property (Legal

Backgrounder) https://www.justice.gc.ca/eng/rp-pr/other-autre/rsddp-rlddp/p5.html