Enact Stand on Guard Law
Petitioners ask Parliament to enact Stand on Guard (castle) law to let homeowners use necessary force at home without retreat or prosecution. The government responds that Criminal Code ss.34–35 already protect reasonable defensive force.
Why we would sign this petition
- It would give homeowners clearer statutory protection so law‑abiding people defending their homes face less fear of prosecution.
- A stated castle law could deter potential intruders by signaling stronger legal backing for home defence.
- It responds to rural and remote residents' concerns about slow police response by affirming self‑defence rights at home.
Why we wouldn’t sign this petition
- Removing duty to retreat and permitting any necessary force risks increasing excessive or avoidable violence in home confrontations.
- It may eliminate or weaken case‑by‑case judicial assessments of reasonable force that protect against misuse.
- Clarifying prosecutorial guidance or amending Criminal Code provisions might address concerns without sweeping legal changes that have unintended consequences.
The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.
Official petition
Petition to the House of Commons Canadians have the fundamental right to feel safe and secure in their homes; Current self-defense laws often place homeowners on trial for defending their families, while intruders act without fear; In Alberta, Edouard Maurice was criminally charged after defending his home and family from trespassers, showing how law-abiding citizens can be treated like criminals for protecting themselves; Police response times in many rural and remote areas can be dangerously slow, leaving families vulnerable during violent invasions; Criminals are empowered when law protects them more than their victims, while Stand on Guard Law-(castle law) doctrine would deter intruders by making them think twice befor targeting Canadians homes; Canadians must never be forced to hesitate in the face of danger because of fear of prosecution. We, the undersigned, citizens of Canada, call upon the House of Commons to enact stand on Guard Law (Castle Law) legislation immediately guaranteeing Canadians the unquestionable right to defend themselves, their families, and their property in their homes- using whatever force is necessary to stop an intruder- without a duty to retreat or fear of prosecution.
Government response
Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by The Parliamentary Secretary Patricia Lattanzio The Government of Canada is clear: Canadians have the right to defend themselves, their families, and their homes. The Criminal Code provides strong protections for individuals who use force — including, where necessary, lethal force — to protect themselves or their property, so long as their actions are reasonable in the circumstances, as set out in sections 34 and 35. In determining whether the defensive actions were reasonable, courts must consider all the relevant circumstances, including the immediacy of the threat, the presence of weapons, the size, age, gender and physical capabilities of the parties, and the history, if any, of the relationship of the parties. Put differently, the level of force permitted will vary depending on the particular circumstances of each case. This is because, while actions aimed at the legitimate protection of persons or property are shielded from criminal liability, excessive and unnecessary violence is not. That said, a home invasion in the middle of the night by one or more strangers who behave in a threatening manner is the very sort of circumstance in which persons inside the house could be reasonably expected to defend themselves including with potentially deadly force. In Canada, decisions to investigate, charge and prosecute criminal offences are made by independent police and prosecutors within each province. Crown pre-charge screening practices also vary across the country, with some jurisdictions like British Columbia and Quebec requiring mandatory Crown screening of all charges before they are laid to ensure there is enough evidence to proceed. The Government of Canada is not aware of any cases in which a Canadian court has convicted a homeowner for reasonably defending themself against intruders. The Government of Canada remains committed to ensuring that our criminal laws remain firm, fair and protect all people in Canada.