Lindsay man charged with assaulting home intruder acted ’within his rights’: Lawyer

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A Lindsay, Ont., man who is facing charges after allegedly assaulting an intruder in his apartment is accused of using a knife in the incident, a court document shows, but his lawyer says he was acting within his rights to defend himself.

The document filed by Kawartha Lakes police says Jeremy David McDonald, 44, is charged with aggravated assault and assault with a weapon after he “did endanger the life” of Michael Kyle Breen, 41, earlier this week.

The charge sheet alleges that McDonald used a knife.

McDonald’s lawyer told The Canadian Press on Thursday that his client maintains his innocence and “was acting within his rights to defend himself and his property.”

Steven Norton said he can’t discuss the specifics of the case but he is confident that McDonald will be “vindicated” as the matter moves through the justice system.

“This is a traumatic situation. My client was doing what anyone would do if they were in his situation of a home invasion,” he wrote in a statement. “We all have a right to feel safe and secure in our homes, and to protect ourselves, our property and our families.”

The Kawartha Lakes Police Service has faced criticism for charging the resident of the apartment after the alleged break-in, but the police chief said Canadians’ rights to defend themselves and their property “are not unlimited.”

Police said they responded to a call on Monday at about 3:20 a.m. after the resident said he had woken up to find an intruder in his unit.

They said there was an altercation and the alleged intruder was left with serious, life-threatening injuries and was airlifted to a Toronto hospital.

The alleged intruder, who is also from Lindsay, was charged with possession of a weapon for a dangerous purpose, break and enter and theft, mischief under $5,000 and failing to comply with probation. Police have said that he was wanted on unrelated offences.

The charges against the two men have not been tested in court.

Premier Doug Ford blasted the decision to charge the apartment resident, saying on Wednesday that it shows “something is broken.”

Kawartha Lakes police Chief Kirk Robertson wrote in a statement Wednesday that he recognizes the incident has generated significant public interest and “emotional” responses, but called the commentary “unjust and inaccurate.”

Robertson wrote that individuals have the right to defend themselves and their property but 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,” he wrote.

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