this post was submitted on 26 Feb 2026
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Hmmm. The article indicates a broken window, and further 'medical and forensic evidence'. If the broken window was the point of access, it might indicate that a lot of the cuts sustained by the alleged intruder could be traced to the broken glass. That fact would change the entire scenario. It then becomes 'much ado about nothing'.

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[–] Voroxpete@sh.itjust.works 1 points 22 hours ago (1 children)

My point of view may be tinted by the fact that in my hometown several children ranging from age 3 to age 12 were recently brutally raped and some left with permanent life altering injuries by a well-known and previously convicted sex offender.

First off, that's horrific, and I wouldn't wish that experience on anyone. I'm sorry that those people went through that, and I'm sorry that you had to experience being a part of a community that went through that.

But if I'm understanding you correctly - and please correct me if I'm not - it very much sounds like you feel that the police used too light a hand in that case. There was a person with a known history of the same exact crime, and that person was left to continue their actions without any intervention. You would, I assume, concur with the idea that the accused's past should have played a much stronger role in the investigation and that the police should have been quicker to pursue a charge, yes?

So let's take a closer look at this self-defence case.

Historical court records reviewed by CBC News show he [McDonald, the man who defended himself] has a violent past. McDonald pleaded guilty to three charges, including assault, following a 2001 incident involving a baseball bat. The more serious charge of assault with a weapon was withdrawn. Seven years later, McDonald again pleaded guilty — this time to assault causing bodily harm — in connection with an attack on another man. He was sentenced to a three-month jail term and 18 months' probation. McDonald also admitted to breaching probation and, separately, failing to comply with a release order.

So, the cops arrive at the home of a man with a well known and extensive history of violent assaults, and find in his home a violently assaulted person in critical condition. This well known violent criminal with a history of doing stuff exactly like this says "Oh no officers, he attacked me, I was just defending myself." And the cops look at the person bleeding to death, in critical condition, covered in lacerations (this is established elsewhere in the article, feel free to check), being rushed to hospital, and they look at the known violent criminal with exactly credibility, and they call bullshit.

Just like they should have called bullshit when that sex offender said something to the effect of "Oh no, it wasn't me, it must be some other serial rapist."

You can't have it both ways, can you? You can't have a world where the cops call bullshit on the rapist, while also having a world where the cops immediately suss out that the man with a history of violent assaults did not in fact commit a violent assault in this situation where it really, really looks like he committed a violent assault. They did their jobs; they arrested him, they pressed charges, and then when all of the evidence was in view the Crown determined that the defendant's story actually did line up well enough that they're pretty sure he's not lying. This time.

[–] cecilkorik@piefed.ca 1 points 21 hours ago* (last edited 21 hours ago) (1 children)

I agree with all those things and I think they're very reasonable. Without getting too much into the weeds about the local case I mentioned, I don't have any problem with the actions of police in that case, but I do have some serious problems with the laws that are in place.

Maybe I am giving the accused in this case too much credit, it's something I do often. And maybe I'm mistaken, but I believe the reason this guy is not being punished for what he did is not because what he did is not an actual crime (as far as I know, it still is) but because police are simply declining to prosecute it in this particular case. The outcome may be the same, but I think those are very different situations. That is the part I am not so comfortable with, I think those are fundamentally different things and I don't think the police should be ones left with the responsibility for making that decision. It's the difference between being owed $200 for passing go, and being gifted $200 for passing go. You've got $200 either way, but gifts aren't required by the rule book.

All I'm saying is that I think the law should be much clearer about this kind of situation to avoid the police having to make those judgement calls, because they can feel very arbitrary in that case, and in my experience that often leads to having those judgement calls applied in very inconsistent and unequal ways, especially if the person accused could be vulnerable to certain prejudices that do seem to exist in our world, and sometimes in our police forces and justice system too. I understand it's not going to solve that particular problem on its own, but if the laws or legal precedent were more explicit and specific to define when exactly we might consider something to be reasonable use of force in defense of one's home, I think we could avoid a lot of the questions and uncertainty that we see in this case.

[–] Voroxpete@sh.itjust.works 1 points 21 hours ago* (last edited 20 hours ago) (1 children)

maybe I’m mistaken, but I believe the reason this guy is not being punished for what he did is not because what he did is not an actual crime (as far as I know, it still is) but because police are simply declining to prosecute it in this particular case.

You are, indeed, mistaken.

Self-defence is not a crime in Canada. If you're starting from the position that it is, you're wrong, and you need to educate yourself more on how Canadian law works.

Section 34, Canadian Criminal Code:

34 (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) the act committed is reasonable in the circumstances.

What the police did in this situation is they looked at the evidence, said "This isn't clear cut enough for us to make a judgement call, so we'll leave that to the courts." And the Crown looked at all of the evidence, and made the judgement call that he was innocent. That's how law works. Sooner or later someone has to make a call. Whether that's the cops, or the prosecutors, or the jury, you cannot ever have a legal code that is so thorough in its detail that no judgement calls are ever required. That's why courts and the adversarial justice system exist.

And this particularly case was not even remotely a clear cut one. No amount of detail in the law would have prevented this from being messy and complicated. But when you refuse to look at the details, and just consume only the briefest headline version - "man charged for defending himself from attacker with crossbow" - it's always going to sound easy, because you're not looking at the reality, just an oversimplified caricature of it.

[–] cecilkorik@piefed.ca 1 points 20 hours ago (1 children)

Mere self-defense is not what I'm talking about though. This says the man confronted him. According to my understanding of the way courts interpret self-defense, that is, therefore, not self-defense. If you go after a guy who's broken into your house and you're wielding a baseball bat, that is, at least as far as I understand it, assault with a weapon. It doesn't matter that he was in your home, and it's not self-defense because you were the aggressor, and entering someone's house is not an "assault".

I'm not an expert and I'm not pretending I am, but this is my understanding. Maybe my understanding is indeed incorrect. Maybe you have a better understanding. Either way I hope to never be in a position where I would have to test it.

[–] Voroxpete@sh.itjust.works 1 points 19 hours ago (1 children)

This says the man confronted him.

I've not seen any reporting to that effect. You're welcome to provide a source.

If you go after a guy who's broken into your house and you're wielding a baseball bat, that is, at least as far as I understand it, assault with a weapon. It doesn't matter that he was in your home, and it's not self-defense because you were the aggressor, and entering someone's house is not an "assault".

Correct. If an altercation is not necessary, and you chose to make one happen anyway, you are the aggressor.

[–] cecilkorik@piefed.ca 1 points 18 hours ago (1 children)

It's literally in the title: "Assault charges dropped against Ontario man who confronted [emphasis mine] home intruder"

My point of view is that the altercation became necessary the moment someone smashed windows and used the smashed window to gain entry into the house. You're forcing someone into making a split second decision at that point, and you can't expect those decisions to always be the correct one, and I don't think it is criminal to make what might be the wrong decision (or might be exactly the right decision) in such an extreme situation. In the even more extremely unlikely event that the intruder actually had a legitimate reason to be breaking windows and entering the house that way I would call it a very regrettable and unfortunate accident, and it is a very difficult stretch to imagine that actually happening in the real world. But accidents do happen, and they are unfortunate. I don't think that kind of accident would happen very often.

Otherwise I have to assume they are probably either going to try to get the fuck out as promptly as possible which I would strongly encourage them to do, or they are armed and are going to be starting an altercation themselves with me in the very immediate future which will likely result in my demise. And it's definitely self-defense at that point. I don't think it is reasonable to be waiting for proof of the need for self-defense to actually start, because by that point it's probably too late.

[–] Voroxpete@sh.itjust.works 1 points 14 hours ago* (last edited 14 hours ago) (1 children)

It’s literally in the title: “Assault charges dropped against Ontario man who confronted [emphasis mine] home intruder”

You're reading a LOT into a choice of wording in a headline there. We do not know anything about the circumstances of the "confrontation" in question. Nothing there indicates that he, for example, went out of his way to get into a fight when he didn't have to.

You’re forcing someone into making a split second decision at that point, and you can’t expect those decisions to always be the correct one, and I don’t think it is criminal to make what might be the wrong decision (or might be exactly the right decision) in such an extreme situation.

Correct. It is not, in fact, criminal to do that. Defendants are given significant leeway in self-defence claims precisely because the law does not expect people to make the right judgement call in a split second. If you responded to a seemingly legitimate threat in a moment of panic, that's still covered by self-defence. What's not covered is a) going out of your way to get into a fight, and b) using force that is clearly unnecessary or disproportional to the threat against you. Everything else is fair game.

Remember, the charges against this guy were dropped. Even though his assailant ended up on death's door, in an emergency room, covered in lacerations and bleeding to death, that was still considered fair and reasonable self-defence. You're panicking over nothing.

[–] cecilkorik@piefed.ca 1 points 14 hours ago (1 children)

Where did I sound like I was panicking? All I've been trying to do is have an opinion, share that opinion, discuss that opinion, and defend that position when it is attacked by people turning the things I'm saying into catastrophic strawmen.

It's not even that strong of an opinion, if I'm being honest, but I do believe in the principle that these are discussions worth having and if that means I have to be devil's advocate then so be it, but it doesn't mean I have to be treated like the literal devil.

[–] Voroxpete@sh.itjust.works 1 points 4 hours ago

Where did I sound like I was panicking?

I was being charitable. As we've just discussed, fear makes otherwise smart people come to bad conclusions.