Punishing Self Defense

Lucky to escape with your life and they throw you in a cop car and you spend the next two years in government imposed legal hell.

They want you dead but your submission will suffice.

CBC

Manslaughter charges dropped against man who killed 2 home invaders who held him at gunpoint
Charges withdrawn after 2 men fatally shot in Collingwood, Ont., home invasion in 2019

It was the early-morning hours of Jan. 22, 2019, and Gardiner and his girlfriend were watching a movie in their townhouse in Collingwood, about 150 kilometres north of Toronto.

“And next thing I know, the door gets kicked in,” Gardiner said in an interview with CBC News.

Three masked men forced their way into his home. One was wearing a clown mask; the other a balaclava; and the third had a scarf pulled up to his eyes. One of the men was armed with a sawed-off shotgun.

According to court documents, as Gardiner’s son grappled with one of the intruders outside the back door, the shotgun was dropped. His father grabbed it, and another intruder tried to wrestle it away from him. The gun fired, and the intruder who was fighting with the son was hit.

Gardiner said he was surprised when Ontario Provincial Police officers took him into custody.

“I told them that the third guy was running. If you hurry, you can catch them. They decided to come to the apartment first,” he said.

Shortly after, Gardiner was loaded into a police cruiser.

More details

Which was worse, the initial physical assault or the two year legal assault by the Crown?

46 Replies to “Punishing Self Defense”

    1. *
      imagine being this guy…

      “Peter Khill must now face the ordeal of another lengthy courtroom trial. This is both sad and distressing. It’s probably also unavoidable in a time where those who don’t know any of the facts stridently insist all court decisions must be rendered based on the race of the victim, not the victim’s actions that directly resulted in their untimely death.”

      he was initially acquitted, but the crown decided to try him again.

      so much for double jeopardy.

      *

    2. “We are all Colton Boushie now.”

      That should be “We are all Gerald Stanley now”.

  1. How very Canadian.

    The law should be very clear on this. If you break into another man’s home you are forfeiting any rights to life you may otherwise have had protected by law.

    Stepping back and looking at the big picture, what is the purpose of this? To make people feel completely dependent on government and unable to protect themselves or their family? Even if it costs honest citizens their lives.

    1. “Stepping back and looking at the big picture, what is the purpose of this?”

      The truly terrifying thing here is that they have no purpose. They are going through the motions, following policy. The policy was made by people who live to tick off the little boxes on forms, everything has to be “official” and neat and tidy. “We can’t have people just running around shooting each other! There oughta be a law!” So they throw the crime victim in the cruiser and put him through the meat grinder just to make it all very official.

      The effect of it is to terrify people like you and me, and make sure that we -never- help the police. That wasn’t the intention, but it is the result. And the media covers it up, because the officials know it is stupid and makes them look bad, and the media is their bro.

      Boys doing each other favors, pretty much. Same as Europe. It’ll end when we Canadians collectively end it. Not before.

    2. “To make people feel completely dependent on government and unable to protect themselves or their family?”

      Yes, exactly that.

      1. Always have a shovel ready and keep your bloody mouth shut.
        That or a pig farm nearby.

    3. State terrorism, in other words.

      And never forget: The “gubmint” HATES “competition”, especially COMPETENT and EFFECTIVE competition.

      I think it was P. J. O’Rourke who advised:

      “Never let the people with all the money and the people with all the guns be the same people”.

      ESPECIALLY when ALL of their money is Other Peoples Money, effectively taken at gunpoint. Try NOT paying taxes and see how interesting life gets.

  2. Canadians are not free born citizens but subjects of the leftist state. No subject can be trusted to defend their lives with force. That must be punished and also because they were taking real work away from the unionized tough guys who have the monopoly on packing heat. Canadians status as chattel was confirmed when we were given Cuba’s health care system. Trudeau’s constitution sealed the deal.

  3. They always knew the charges would be dropped at some point…the Crown just likes to F with your life while you remortgage the house to pay for legal bills.
    The process is the punishment.
    “a judge decided the evidence — which she noted in her decision was largely circumstantial — merited manslaughter charges instead.
    Awful white of ya Judge. That’s code for…let’s put him through the wringer a couple more times.

  4. The Judges and the Crown of the Canadian Joke Justice System need to be made to eat their own shit. And then they can eat mine.
    Even “lower” class people have the existential right of self-defense despite what these legal douche bags – who often live in gated communities, don’t kid yourself – proclaim.
    Proof once again that the Canadian State is the enemy of individual liberty and freedom.

  5. Article says son was known to traffic drugs from father’s house.
    Article says one of the killed invaders was involved in drugs, about to get convicted on drug charges in Montreal.
    Article says son removed safe and a bag from house before police arrived.

    Lesson 1, don’t let your son conduct his drug business from your house.

      1. He also was two months behind on his electric bill, so coming into the house with loaded shotgun looking for blood was justified. Right, retard “Mike”?

      2. … and if you are involved with organized crime, don’t be surprised when they come kicking in your door

  6. From Section 7 of the Charter of Rights and Freedoms:

    “7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

    Perhaps someone should acquaint the police and legal (i.e. not justice) system of this clause. Being held at gunpoint would certainly qualify in my opinion. I recall an incident maybe 15 years ago when a man in Port Colborne (I believe) had a dispute with a neighbour. Said neighbour and accomplices tried to firebombed this person’s house. The person had a handgun (legally registered – he was an instructor at a local gun club) and fired several warning shots to chase the perps away. The police charged him with the case dragging on for a couple of years at least before charges were dropped. As the saying goes, the process is the punishment.

    I truly believe the police would prefer a dead victim over a dead or wounded perp.

    1. What they don’t mention from the case you cited was that the man’s dogs were injured.

      THAT would get the public indignation going.

      Canadians view self-defense as wicked, heathenish and American.

  7. The conclusion bothers me. The case was withdrawn because they doubted being able to obtain a conviction. It was not withdrawn because the man used justifiable force to defend his family and himself. Unless the courts are prepared to be clear about this, we will continue to place innocent victims in a completely untenable situation when they are faced with such threats.

    1. And he had to use the invader’s gun to defend himself. Imagine if he had used his own properly stored and registered firearm – he probably would have been executed by now. Actually, the invaders probably would have got him, by the time he got through the nine locks to get his gun out and the five locks in the other part of the house where the ammo has to be stored….

    2. @rita, Unless I am mistaken, the concept of “justifiable use of force” is a BNA (pre-1982) concept.

      The 1982 Charter eliminated (by omission) two formerly sacred rights: property rights and the right to use force to defend home, life, and loved ones. Those concepts still exist – but can only be used as a defense. In other words, you can be prosecuted for using force in 100% of cases. No matter what the circumstances, it is never justified under the law. It’s just that you can reduce the severity of your ‘crime’ by pointing out that those concepts are in play and the case against you is therefore weakened.

      But the whole “demonstrably justified” exception makes all of our rights null and void anyway – should a left-wing judge (i.e. all of them) decide to fall back on it.

      I’ve cursed the people of my parents’ generation many times for being so stupid as to have allowed Trudeau the elder to pass that damned charter.

  8. Corollary to this story about depending on the gov’t to keep you safe – “When seconds count the police are just minutes away”

  9. A known drug house gets raided by other drug dealers and people die…one of the drug dealers hides a safe and drugs/money before the cops show up yes, this is all about the tyrannical government mistreating this poor man….

    1. *
      i’m with clint eastwood…

      “Nothing wrong with shooting…as long
      as the right people get shot.”

      *

    2. Criminal activity does not negate self-defense.
      If you kill someone who plans to kill you to get your legally obtained money or your illegally obtained money, it makes no difference.
      If I pull a knife on a serial pedophile and attempt to stick him, but he pulls out a gun out and shoots me dead, that’s self-defense.
      Whether you like it or not.

    3. I’m going to catch some hate here … but I agree with you, Joe. This was clearly NOT some random home invasion. The men came for his son’s stash. Who knows who his son burned, or just bragged about his business to the wrong people. The father could be totally innocent in the whole affair … or … he could be complicit in his kids illegal and dangerous drug selling gig. Either way … the man’s own punk ass IDIOT kid caused this entire scenario. It’s a travesty of justice that there was no evidence with which to charge his ass.

      Having said all that … as a juror in this case, I wouldn’t give a rats ass if the perps were shot over a struggle for the gun … or whether the gun was leveled and fired at the criminal invaders. I would be totally OK with the man WASTING these punk ass wannabe criminals. Oh! And I could care less about the skin color of anyone involved.

        1. Trafficking meth …

          Reminds me of when some home literally BLOWS UP! damaging the neighboring homes as well. Pro tip: My first thought is NOT “faulty water heater” or “gas leak” … nope it’s … “meth lab”.

      1. *
        joe says… “known drug house gets raided”

        so, joe… capital punishment for dealing the devil’s lettuce?

        is that what i’m hearing?

        for the record… you invade a man’s domain with a weapon…
        you deserve whatever transpires.

        just my two shillings.

        *

        1. Pretty much… I have no sympathy for drug dealers, they are a cancer and that we’re now 2 less tumors on society after this incident. They could have all blown each other away, I could care less. Let me guess, dad didn’t know his son was dealing drugs out of his house? Ya, bs.

          1. *
            okay, joe… got it… dad has to die for
            kid dealing weed.

            where exactly you from, bro… south
            sudan… dagestan… alabama?

            *

          2. Dad probably would have died had the son not come home (and the dad escaped his zip ties) to thwart the crime. However, it should be noted that the son did NOT call the police to help his dad. Hells no! The kid would have been busted, and we’d all have learned of the relationship between the son and his home invader friends.

            The REAL issue is that the Dad, his girlfriend, and his dog may have ALL died because of the drug dealing punk ass son. “Had to die”? That would be his idiot son’s choice for dad.

    4. “this is all about the tyrannical government mistreating this poor man….”

      Yes this is exactly what this is about. Let me provide you with a familiar analogy: just because you prostitute yourself the government does not get to rape you. Clear enough?

  10. Charges withdrawn, of course, wouldn’t want a judge reading self defense as a right into our charter would yeah, can’t have the plebes standing up for themselves. Might get ideas about accountability

    1. *
      “If we were living south of the border, my client
      would have been celebrated immediately and
      celebrated as a hero
      . Instead, he went to jail for
      six months,’ says defence lawyer.”

      and, Joe… one more thing…

      “MacDonald said the intruders were under the
      belief that his son, who didn’t live at the house,
      sold cannabis
      and were in search of marijuana
      and money in the son’s room, which was locked
      and outfitted with cameras.”

      *

  11. Kanuckistan has a “Legal” system not a Justice system. It has not had the former – despite over use and mis-use of the term – for a very long time.
    Reasonable force in self-defence has been narrowed down to non-existent.

  12. Number one position of police, bar none, are brownie points.
    If they have to destroy somebody and get some they will do it.
    If they see no win situation, they will abandon it.
    If they get into the bullshit too far, they have to go with it and see if the shit sticks.
    They are for the most part in ‘not responsible’ position.

  13. I have to say as well: while his summary is a bit concise, Joe nails it.
    It makes a bit of sense that OPP officers would arrest, and Crown attorneys would look into prosecuting, this man. (Is there any mention of an investigation into his son, the stash, the safe? Other shoe to drop soon?)

    This does NOT however, excuse that it is the MO of law enforcement to persecute homeowners using legal self-defense against invaders, cf. Stanley-Bushie, and that poor guy in Niagara Region who was dragged through legal hell for years for firing warning shots when his savage neighbours set his dogs’ kennels on fire. And let’s not forget the treatment Gary McHale and Randy Fleming received at the hands of the OPP in Caledonia.

    To paraphrase Kate, I’ll stop believing it’s a conspiracy when you start arresting and charging the right people.

  14. Given the outdated and stupid laws in Canada regarding personal property, and well being,
    Every Canadian should have a man sized freezer in the basement.
    Buddy comes over the fence through a window or doorway un invited looking to do harm
    You do what you have to do, then stick the carcass in the freezer, for 6-8 months.
    Then on either a very cold or very hot night, dump the carcass in a ditch in a rural area
    Far from your House, rented U-Haul trailers work best, as they get moved clear across the country

    Voila, Law and Order 101

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