Self-Defense at Home in Canada: What Homeowners Should Know
Many Canadians are concerned with frequent reports of break and enters into residential homes and vehicles across Ontario. A break and enter is about much more than the financial or personal property losses one may experience as a result; break and enters can and often are life threatening events. Residential robberies occur when a theft from someone’s home is accompanied by actual or threatened violence or is accompanied by a weapon, such as a firearm. This leaves many homeowners or tenants concerned for their safety and wondering what they can do to keep themselves and their property safe. So what is allowed under the Canadian law?
In the United States, some states have a rule available to them called castle law, or the castle doctrine. Britannica defines castle doctrine, saying the rule states “people have the right to defend themselves with deadly force when confronted by an intruder in their home (ie., their castle.” Some states also recognize the “stand your ground doctrine” which allows people to use “proportional force” to reasonably defend yourself. What is considered “proportional” force may amount to deadly force, depending on the circumstances. In the United States, most states recognize general self-defense laws which state someone may use proportional force to defend themselves when they immediately fear bodily injury, according to Shouse Law. Unlike the castle doctrine and the stand your ground doctrine, these self-defense laws typically (but not always) involve a duty to retreat. Under the Shouse Law, the duty to retreat states that “you have a duty to retreat from an aggressor before you can legally act in self-defense.” According to the castle doctrine, you have no duty to retreat in your own home, which is in line with the stand your ground doctrine. You do not need to retreat when you are in a place you are lawfully entitled to be. An example of someone using deadly force when in your home would be a homeowner discharging a firearm when someone breaks and enters into your home and intends to cause bodily harm or death upon you or your loved ones.
Canada does not have a castle doctrine. However, Canada does have self-defense laws. According to Dunn and Associates, “Canadians have the right to safeguard themselves, others, and their property as long as their defensive actions are reasonable and proportional to the circumstances.”
Section 34 of the Criminal Code covers self-defense. Subsection (1) states that a person is not guilty if they reasonably believe force or threat of force is being used against them or another person, the act is committed for the purpose of defending or protecting themselves or another person from force or threat of force, and the act is reasonable in the circumstances. Subsection (2) covers factors to be considered in determining whether an act was reasonable. These factors include the nature of the force or threat, whether the use of force was imminent or whether there were other available means to respond, whether a party threatened or used a weapon, personal characteristics of the parties (age, gender, size, etc.), nature and history of any existing relationship between the parties, the proportionality of the person’s response to the threat or use of force, and whether the act was in response to a threat or use of force which they knew was lawful.
Can Canadians use lethal force, such as allowed in the castle doctrine? According to Dunn and Associates, “in most cases, the use of lethal force exceeds the limit of legitimate self-defense. The only exceptions are when lethal force is the only option to deal with a perceived threat of bodily harm or loss of life.” They also state that “in almost any situation, a person must have a reasonable fear that they or someone around them is going to be killed or badly hurt before they can respond with lethal force.”
Premier Ford made his thoughts on the matter clear in June of 2025 when the Toronto Sun quoted him saying “we should have the castle law. Just imagine all the unfortunate people that don’t have security there at their house.”
More and more Canadians are agreeing with Premier Ford’s take on this issue - if not on many of his other policies. Canadians are getting their firearms licences in record numbers. Technically there are only three uses of a firearm acquired under license; hunting, sports shooting, or collecting. That said, as violent crime, home invasions, and carjackings increase, supported by “catch and release bail laws”, there will be more pressure to consider castle laws.
The conversation has picked up volume. Even if politicians are not listening, criminals may be. And once they do, they may think twice about breaking in a door where they don’t know what’s on the other side.