KAWARTHA LAKES-Kawartha Lakes Police Service Chief, Kirk Robertson has issued a statement after receiving backlash from the public over a recent arrest.
On August 18th at approximately 3:20am the Kawartha Lakes Police Service responded to an apartment on Kent Street for a report of an altercation between two males.
Officers arrived on scene and learned that the resident of the apartment had woken up to find another male (intruder) inside his apartment. Police say there was an altercation inside the apartment and the intruder received serious life- threatening injuries as a result of that altercation.
The intruder was transported to Ross Memorial Hospital and later air lifted to a Toronto hospital.
The 44-year-old homeowner was charged with aggravated assault and assault with a weapon. The 41-year-old intruder was already wanted by police at the time of the incident for un-related offences and has since been additionally charged with:
- Possession of a weapon for a dangerous purpose
- Break, Enter and Theft
- Mischief Under $5,000
- Fail to Comply Probation
When released from hospital he will be held in custody pending a bail hearing.
Social media comments condemning the police for charging the homeowner flooded the internet.
Chief Kirk Robertson says under Canadian law, individuals have the right to defend themselves and their property. The Criminal Code of Canada, specifically Sections 34 and 35, allow a person to use reasonable force to protect themselves and their property if they believe they are facing a threat.
“However, it is important to understand that these rights are not unlimited in Canada. 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.” said Robertson. “The Kawartha Lakes Police Service remains committed to public safety, transparency, and respectful dialogue. At this time we will not be releasing any further information about this incident.”
It’s unclear how police determine what is “proportionate”.
Robertson says 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. The role of the police is to investigate impartially and present findings to the justice system, which ultimately determines the outcome.”
Robertson says charges are part of the judicial process, which ensures that all facts are considered fairly in court.
