August 2025
While on the surface, it’s quite satisfying to hear that a previously convicted criminal received a serious beat-down when breaking into a private residence, I’ll reserve judgment on whether the homeowner should be facing charges too, until more details are available.
Bottom line, Canadians don’t enjoy the same legal protections regarding defending yourself, including against a home invasion. Under Canadian law, you can only use reasonable and proportional force when defending yourself or others. The same goes even for police officers. We don’t have any “Castle Laws” or “Stand Your Ground” legislation, like in America.
What we don’t know right now is what and when the homeowner, Jeremy McDonald, did in defending himself. Did the McDonald continue to lay a beating on the criminal invading his home, Michael Kyle Breen, after he was incapacitated, or was trying to run away? We know that Breen did have a weapon, but did McDonald get it away from him, after which he commenced the beat down? Part of our legal rights to defend ourselves includes the stipulation that once the threat is over, you must reduce or cease your use of force accordingly. If the criminal stops struggling and allows you to restrain them, you stop the beating and await police. If they run away, you may still have a reasonable justification to stop them, perhaps if there is a reasonable danger the criminal may go on to harm someone else, but you may be better off legally just letting them go and giving a good description to police.
Of course, the Kawartha Lakes Police Chief Kirk Robertson could, at the very least, tell the public that the investigation revealed the homeowner may have exceeded his right to self-defence, which would explain the aggravated assault charge against McDonald, without jeopardizing the court process. It’s already public knowledge that Breen was seriously injured, so clarifying that aspect shouldn’t jeopardize the case. It’s interesting that McDonald wasn’t held in custody pending a bail hearing, especially given the seriousness of the charges, which would indicate that the police didn’t view him as a threat to the public.
Otherwise, we are left to speculate that criminals have more rights than law-abiding Canadians. Perhaps Prime Minister Carney needs to put forth legislation that specifically addresses self-defence rights regarding home invasion-type offences (I won’t be holding my breath, by the way).
Sadly, we’ve seen this type of situation before. This is the result of our revolving door, hug-a-thug legal system. I’m certainly not advocating for vigilant violence, which would be a dangerous avenue to go down, but even tougher bail laws and harsher sentences for violent crimes would be helpful. Court documents reveal that Breen has a lengthy criminal record, including prior break-and-enter charges. There was also a warrant out for his arrest at the time of this incident, so there’s that too!
On the other side of the coin, maybe we would have fewer home invasions if more criminals received a beating like this one. What we’re doing right now simply isn’t working, so why is our federal government maintaining the status quo?
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Early on August 18, the Kawartha Lakes Police Service responded to an apartment on Kent Street for a report of an altercation between two males. Officers arrived on the scene and learned that the resident of the apartment had woken up to find an intruder inside his apartment. Police say there was an altercation inside the apartment and the intruder received serious life- threatening injuries as a result of that altercation. The intruder was transported to Ross Memorial Hospital and later air lifted to a Toronto hospital.
As a result of the investigation:
A 44-year-old Lindsay man (Apartment resident) was charged with:
Aggravated Assault
Assault with a weapon
He was released with a future court date.
A 41-year-old Lindsay man (the intruder) was already wanted by police at the time of the incident for un-related offences and has since been additionally charged with:
Possession of a weapon for a dangerous purpose
Break, Enter and Theft
Mischief Under $5,000
Fail to Comply Probation
When released from hospital he will be held in custody pending a bail hearing.
Robertson, recognizing the media release has “generated significant public interest and emotional responses” meant a special statement was made this morning.
“The Kawartha Lakes Police Service appreciates the community’s engagement and concern. However, the negative commentary about the officers and their actions is unjust and inaccurate.
The investigators were able to examine all of the information and evidence that was available, prior to laying any charges. In order to protect the investigation and the rights of any person who is charged with an offence during their court proceedings, only a limited amount of information is being released to the public. The role of the police is to investigate impartially and present findings to the justice system, which ultimately determines the outcome. It is important to remember that charges are not convictions; they are part of the judicial process, which ensures that all facts are considered fairly in court. We encourage you to follow this matter as it proceeds through the justice system. Under Canadian law, individuals have the right to defend themselves and their property. The Criminal Code of Canada, specifically Sections 34 and 35, allow a person to use reasonable force to protect themselves and their property if they believe they are facing a threat.
However, it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportionate to the threat faced. This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances. The Kawartha Lakes Police Service remains committed to public safety, transparency, and respectful dialogue. At this time we will not be releasing any further information about this incident. Thank you for your continued support and understanding.”
Kirk Robertson
Chief of Police
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Sources: https://www.ctvnews.ca/canada/article/ont-man-charged-with-assaulting-home-intruder-used-knife-court-docs-say/, https://globalnews.ca/news/11345655/ontario-man-charged-with-assaulting-home-intruder-acted-within-his-rights-lawyer/, https://lindsayadvocate.ca/police-chief-issues-special-statement-on-recent-apartment-break-in/.
