Practical steps to protect your household, plus a plain-English guide to Canada’s self-defence laws and the Criminal Code charges that can follow if you go too far

By NetNewsLedger Staff
Category: Living | Courts 101

Thunder Bay – Two incidents recently, the murder of an elderly man, and a home invasion have led to a lot of people making comments on social media about how they would deal with an intruder trying to get into their home. What few people realize is that making those statements, should anything ever happen, could come back to haunt them.

Keeping your family safe starts long before trouble shows up at the door. In Canada, you can take many legal, preventive steps to reduce risk. If a confrontation happens, the Criminal Code allows self-defence—but only to the extent that your response is reasonable. Use more force than the law allows and you can face charges.

This article offers a some broad overviews. It’s not legal advice.

The safest moves are preventive (and legal)

Harden the target

• Doors & locks: Solid doors, reinforced strike plates, quality deadbolts, window pins on sliders.

• Lighting & sight lines: Motion lights, trimmed shrubs, house numbers visible (helps 911 find you).

• Alarms & cameras: Monitored alarm, doorbell camera. Aim cameras at your property (don’t point into neighbours’ windows).

• Good habits: Keep vehicles locked, don’t leave keys by the door, close the garage, don’t prop doors open in multi-unit buildings.

Plan for people, not just property

• Safety plan: Family meeting points, code word, who calls 911.

• Documentation: Record threats (screenshots, texts), keep a log of incidents.

• Court orders: If you fear someone specific, ask police or a lawyer about a peace bond (s.810) or related protective orders.

Neighbourhood

• Share contact info with trusted neighbours, report suspicious activity, and use your city’s non-emergency lines for problem properties.

If something happens: Canada’s self-defence rule (s.34)

You may defend yourself or another person if:

1. You believe force is being used (or threatened) against you;

2. Your purpose is to defend; and

3. Your response is reasonable in the circumstances.

Courts look at the whole picture: immediacy of the threat, whether a weapon was involved, size/strength differences, past threats, options to de-escalate or withdraw, and how much force you used.

There is no legal duty to retreat, but having a safe way out and choosing not to take it can weigh against you if the force you used was excessive.

Defence of property (s.35) is narrower: you can use reasonable force to stop a trespass or to remove someone—but not force that risks serious injury unless it also fits self-defence.

What’s not legal (and why it backfires)

• Booby traps or set devices: illegal and dangerous; can lead to serious Criminal Code charges (e.g., causing bodily harm, criminal negligence).

• Improvised “weapons” planning: Keeping bats, pipes, or knives by doors for the purpose of using them as weapons can be used as evidence of intent.

• Pepper spray for use on people: Products designed to be used on humans are prohibited weapons. Bear spray is sold for animals; using it on a person can still lead to weapons and assault charges.

• Firearm shortcuts: Canada has strict rules on licensing, storage, transport, and use. “Warning shots” and careless handling can result in charges even if no one is hit.

If you go too far: charges you could face

(Maximums shown; actual sentences depend on the facts, your record, and aggravating/mitigating factors.)

• Assault (s.266) – applying force without consent, including pushing or striking.
  Hybrid; up to 5 years (indictable).

• Assault with a weapon / causing bodily harm (s.267) – using an object (even everyday items) or causing injury.
  Up to 10 years (indictable).

• Aggravated assault (s.268) – wounding, maiming, disfiguring, or endangering life.
  Up to 14 years.

• Manslaughter (s.236) – unlawful killing without the specific intent for murder (e.g., excessive force during a struggle).
  Max life; min 4 years if a firearm was used.

• Murder (ss.229, 231, 235) – intentional killing, or causing likely-lethal harm with recklessness.
  Mandatory life; parole ineligibility 25 years (first-degree) or 10–25 (second-degree).

• Uttering threats (s.264.1) – threats to cause death or bodily harm.
  Hybrid; up to 5 years.

• Forcible confinement (s.279(2)) – tying someone up or locking them in a room.
  Up to 10 years.

Firearms-related

• Careless use/unsafe storage (s.86) – mishandling or improper storage/transport.
  Hybrid; up to 2 years less a day (summary) or higher if indictable.

• Pointing a firearm (s.87) – even if not fired.
  Hybrid; up to 5 years.

• Unauthorized possession (s.91) – no licence/registration where required.
  Hybrid; up to 5 years (indictable).

• Possession of a prohibited/restricted firearm with ammo (s.95) – serious regulatory breach.
  Up to 10 years (mandatory minimums largely repealed, but still treated seriously).

Weapons-related

• Possession of a weapon for a dangerous purpose (s.88) – having an item as a weapon in circumstances dangerous to the public peace.
  Hybrid; up to 10 years (indictable).

• Carrying concealed (s.90) – hiding a weapon on your person.
  Hybrid; up to 5 years.

Remember: you may raise self-defence. If a judge finds your force reasonable in the circumstances, you are not guilty. The risk is when force goes beyond what’s needed to stop the threat.

After an incident: what to do

1. Call 911 immediately. Say there’s been an incident, give your location, ask for police and EMS.

2. Ensure safety—put down any object you used; do not chase.

3. Preserve the scene—don’t move items unless needed for safety.

4. Identify witnesses.

5. Cooperate with police. You have the right to speak to a lawyer before giving a detailed statement.

Practical, legal defence tools

• Phones & panic buttons: Keep a charged cell in a set place. Many alarm systems offer panic fobs.

• Personal alarms: Loud, non-violent noise devices to summon help.

• Locks & barriers: Door jammers, window bars where allowed by fire code.

• Dogs: A dog’s presence and bark deter intruders (train humanely; follow local bylaws).

• Training: Take a reputable de-escalation or self-defence course that teaches lawful use of force and safe disengagement.

Social Media Posting “I’ll Shoot Any Intruder” in Canada: What the Law Says

A social post like that can trigger police action, firearms seizures, and criminal charges—and it can wreck any future self-defence claim

It might feel like tough talk, but posting on social media that you’ll shoot anyone who breaks into your home can land you in serious legal trouble in Canada. Here’s what could happen—and why it’s a bad idea.

1) Police can act right away

• Well-being/public safety check: Police can attend, assess risk, and interview the poster.

• Firearms seizure (no charges needed): If officers have grounds to believe there’s a danger to safety, they can seek a warrant to seize firearms and ammunition (Firearms Act s.117.04).

• Licence action: A Chief Firearms Officer can suspend or revoke a firearms licence/registration on public safetygrounds (Firearms Act ss.68–70).

• Preventive court order: Police or a Crown can apply for a weapons prohibition order (Criminal Code s.111) or a peace bond (s.810) if there’s a reasonable fear of harm.

2) You could be charged criminally

Uttering threats (Criminal Code s.264.1)

• What it covers: Threats to cause death or bodily harm, even conditional ones (e.g., “If you step on my property, I’ll shoot”).

• Penalty: Hybrid offence. If the Crown proceeds by indictment, up to 5 years in prison (lower maximums if summary). Courts may also order weapons prohibitions and DNA orders in some cases.

Other possible offences (fact-specific)

• Possession of a weapon for a dangerous purpose (s.88): If combined with posts/photos showing a gun ready for people. Hybrid; up to 10 years indictable.

• Careless use/unsafe storage (s.86): If posts reveal improper handling or storage. Hybrid; up to 2 years less a day(summary) or higher if indictable.

• Counselling an offence (s.22, s.464): If the post urges others to use unlawful force.

Charges depend on the exact words, audience, context, and any linked conduct (photos, videos, DMs).

3) It can sink a future self-defence claim

Canada’s self-defence law (s.34) allows reasonable force to stop a real threat. Deadly force is justified only when you reasonably believe it’s necessary to protect against death or grievous bodily harm.

A public post promising to shoot any intruder suggests pre-planning to use lethal force for property protection—not personal safety. If a real incident occurs later, the Crown can use your post to argue:

• You intended to use excessive force,

• You weren’t focused on defence, and

• Your response wasn’t reasonable in the circumstances.

That can turn a defendable case into assault, aggravated assault, manslaughter (max life, min 4 years if a firearm was used), or even murder (mandatory life).

4) Civil fallout

If someone is injured, the post can bolster a civil lawsuit against you for damages. Insurance may not respond to intentional acts.

5) Smarter, legal ways to talk—and act—about home safety

• Don’t post threats. If you’ve posted one, delete it and don’t repost.

• Call police about real risks; document threats; ask about a peace bond (s.810) if you fear someone.

• Harden the home legally: locks, lighting, cameras pointed at your property, alarms.

• Know the rule: You can use only the force reasonably needed to stop a real threat. Call 911 and de-escalate when safe.

• If you own firearms: Follow licensing, safe storage/transport, and training. Never brandish or “warn-shot” to scare people—both can lead to charges.

Posting “I’ll shoot any intruder” is not protective—it’s risky. It can bring police to your door, cost you your firearms and licence, lead to criminal charges, and undermine any future self-defence argument. Protect your home by prevention, planning, and lawful response, not by online threats.

Bottom line

In Canada, your best defence is prevention, planning, and a calm 911 call. The Criminal Code allows you to defend yourself and your family, but only with reasonable force. If you escalate beyond that, you can face serious charges. Build layers of safety around your home—and know the law before you ever need it.