Ont. man charged with assaulting home intruder used knife, court docs say

Jeremy McDonald of Lindsay, Ont. is facing charges of aggravated assault and assault with a weapon after an altercation took place inside his apartment.

UPDATE -- Charges against Jeremy David McDonald have been withdrawn. See the full update here.

The man accused of attacking an intruder inside his Lindsay, Ont., home early Monday morning used a knife, according to court documents.

Jeremy McDonald faces charges of aggravated assault and assault with a weapon after an altercation took place inside his apartment.

Michael Kyle Breen, who police say broke into the home, faces several charges, including possession of a weapon, breaking and entering, as well as theft. He was airlifted to a Toronto hospital following the incident with serious injuries.

“From what I understand, someone broke into his place while he was sleeping and they attacked him and he defended himself,” said Jesse Kalabic, a friend of McDonald’s who owns the Tattoo shop under the apartment where the incident took place. “I think what he did was justified, but there is a lot of controversy going on right now all over the place.”

The incident sparked a debate about self-defence and use of force, with some, including Ontario Premier Doug Ford, calling it an example of a “broken system.”

“I know someone breaks into my house, or someone else’s, you’re going to fight for your life,” Ford said during an unrelated press conference in Hamilton on Wednesday. He brought up the incident while discussing his wider concerns with the bail system in Canada.

Court documents show Breen, of no fixed address, has a lengthy criminal record, including prior break-and-enter charges. There was a warrant out for his arrest at the time of this incident.

“This criminal that is wanted by the police, breaks into this guy’s house, this guy gives him a beating, and this guy gets charged. Something is broken,” Ford said.

But experts caution about jumping to conclusions before the facts of the case are known.

“We really need to know the circumstances and details of what happened inside that home,” said Joseph Neuberger, a criminal attorney.

Canada does not have a law similar to the “Castle Law” in the United States, which allows individuals to use deadly force to defend themselves against intruders in their home. But Neuberger says the self-defence laws that do exist are adequate.

“We do have sufficient self-defence laws that are broad enough that if an individual comes in with a knife or a gun and you are at serious risk of bodily harm or death, you can respond with lethal force.”

After announcing the charges against both men in this incident, Kawartha Police released an additional statement defending the charges.

“Under Canadian law, individuals have the right to defend themselves and their property,” the statement from police chief Kirk Robertson said. “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.”

Police say once Breen is released from hospital, he will be held in custody pending a bail hearing. McDonald is scheduled to appear in court on Sept. 25.

For Kalabic, he hopes this incident will spark change.

“A lot of people are blaming the police,” he said. “It’s not their fault they have to do their job and uphold the law. The courts have to do the same thing. This is something politicians need to change.”

Kalabic says he recently spoke to McDonald, who is “pretty upset about the whole thing,” adding the two men, while not friends, knew one another.

“It’s a small town, everyone knows everyone here.”