Conservatives propose Criminal Code amendment to shield homeowners from prosecution when using force against intruders

BRAMPTON, ON – POLITICS 2.0 – AUGUST 29, 2025 – Conservative Leader Pierre Poilievre is calling for sweeping changes to Canada’s self-defence laws, unveiling what he calls the “Stand on Guard” principle—a proposed amendment to the Criminal Code that would give Canadians greater legal protection when using force to defend their homes, families, and themselves.

“Your home. Your family. Your life,” said Poilievre at a press event in Brampton. “If someone breaks into your home and threatens your family, you shouldn’t live in fear of being arrested for protecting them.”

What the Amendment Proposes

Under current law, Section 34 of the Criminal Code allows Canadians to use force in self-defence—but only under vague and subjective conditions. The proposed Conservative amendment to section 34(2) would presume that force is reasonable when used against someone unlawfully entering a home and posing a threat to anyone inside.

The change, Conservatives argue, would protect law-abiding citizens from legal jeopardy after acting in defence of their loved ones.

A Real Case That Sparked Outrage

The announcement is closely tied to the high-profile case of Cameron Gardiner, a Collingwood, Ontario man who was arrested in 2019 after defending himself and his girlfriend from three armed home invaders.

According to police reports, Gardiner and his partner were zip-tied by the intruders—one of whom carried a sawed-off shotgun. In a struggle, Gardiner managed to gain control of the weapon and shot two of the attackers. While the assailants survived, Gardiner was the one arrested and spent six months in jail before charges were eventually dropped.

“That case should have been a wake-up call,” said Poilievre. “Instead, it became a symbol of a justice system that punishes victims and lets violent offenders go free.”

Conservatives Criticize Liberal Justice Reforms

The party blames Liberal legislation—namely Bills C-5 and C-75—for weakening bail conditions and creating what it describes as a two-tier justice system.

“While repeat violent offenders are released on easy bail, Canadians like Gardiner are criminalized for defending themselves,” reads the Conservative statement.

Key Features of the ‘Stand on Guard’ Amendment

• ✅ Protects the Innocent: Homeowners who act to stop a threat will be presumed to have acted lawfully.

• ✅ Presumes Reasonableness: Force used against an unlawful, threatening intruder will be legally deemed reasonable.

• ✅ Ends Legal Limbo: Citizens won’t have to wait months—or years—fighting charges for acts of self-defence.

What Comes Next

Poilievre said the Conservatives are calling on the Carney government to introduce legislation this fall. If not, a Conservative MP will bring it forward as a private member’s bill.

“Canadians deserve clarity—not courtroom battles—when they protect themselves and their families,” Poilievre said. “The law should be on the side of the homeowner, not the home invader.”

The proposal is already gaining traction online, where supporters are rallying behind the slogan: “Protect your home. Protect your family. Protect yourself.”