The chief of the Kawartha Lakes Police Service has issued a statement about the “significant public interest and emotional responses” to assault charges that police laid against a Lindsay homeowner who allegedly seriously injured an intruder he found in his apartment.
Early Monday morning (August 18), a 44-year-old Lindsay man woke up to find another man inside his Kent Street apartment. An altercation ensued, with the intruder — a 41-year-old Lindsay man who was already wanted by police on other offences — receiving serious life-threatening injuries that required him to be airlifted to a Toronto hospital.
As a result of the investigation, police arrested and charged the apartment’s resident with aggravated assault and assault with a weapon before releasing him for a future court appearance. The alleged intruder is also facing multiple charges and will be taken into custody when he is released from hospital.
Many commenters on social media have been defending the homeowner’s actions and criticizing the police for laying charges.
“The Kawartha Lakes Police Service appreciates the community’s engagement and concern,” Chief Kirk Robertson says in his statement. “However, the negative commentary about the officers and their actions is unjust and inaccurate.”
“The investigators were able to examine all of the information and evidence that was available, prior to laying any charges. In order to protect the investigation and the rights of any person who is charged with an offence during their court proceedings, only a limited amount of information is being released to the public.”
Robertson says that, while individuals have the right to defend themselves and their property under Canadian law, the right to do so is not unlimited, adding that section 35 of the criminal code notes that the act a person commits to defend themselves or their property much be “reasonable in the circumstances.”
“The law requires that any defensive action be proportionate to the threat faced,” the chief says. “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.”
“The role of the police is to investigate impartially and present findings to the justice system, which ultimately determines the outcome. It is important to remember that charges are not convictions; they are part of the judicial process, which ensures that all facts are considered fairly in court.”
Robertson encourages people “to follow this matter as it proceeds through the justice system” and notes “at this time we will not be releasing any further information about this incident.”
The public response to the Lindsay incident is similar to what happened after a 2009 incident in Toronto, when Chinatown grocer David Chen and two male members of his family were arrested and charged after they caught a man who had stolen from their store earlier in the day. When he returned to the store, the three men attacked him, tied him up, and locked him in the back of delivery van.
Police initially charged the three men with kidnapping, carrying a dangerous weapon, assault, and forcible confinement, later dropping the kidnapping and weapon charges. There was a public outcry against the charges and ultimately all three men were found not guilty, with a judge dismissing the charges.
However, while the three men had allegedly kicked and beaten the shoplifter in the process of conducting a citizen’s arrest, unlike the Lindsay incident, the shoplifter was not seriously injured and did not require hospitalization.
