Self Defence is Not Always Welcomed

Unfortunately, most of the media we consume is American. We have countless movies and television shows where we are exposed to people who will defend themselves, sometimes with leathal force, and they are celebrated as heroes. Meanwhile, every few years we have a repeat case of someone defending their family only to be charged criminally and imprisoned.

The latest such person is Jeremy McDonald. While the facts of his case are before the Courts, it reminds me of a client of mine named Cameron Gardiner. Mr. Gardiner was sitting at home watching a movie with his girlfriend. 3 masked men broke through his door and tied both Mr. Gardiner and his girlfriend up. They went upstairs to steal from his son's room. One of the masked men had a shotgun which he kept pointed at Mr. Gardiner. Mr. Gardiner's son saw these masked me on camera and he headed over. Upon his arrival, the masked men were distracted long enough for Mr. Gardiner to get loose. He got their gun and killed two of them in self defence. He let the other one escape as he didn't pose any harm.

I remember when Mr. Gardiner called me from jail. He was confused and scared as he didn't understand why he was in jail. He spent 8 months in custody waiting for bail as the Crown took a very long time to get disclosure. Upon his release, he was put on house arrest and an ankle monitor.

Ultimately, his case was withdrawan after a preliminary hearing. The Crown finally admitted that there was no reasonable prospect of conviction and that it was not in the public interest to proceed. Mr. Gardiner was vindicated at the expense of having been in jail, on house arrest, losing his home and many friends.

Hopefully Jeremy McDonald won't be victimized for as long as Mr. Gardiner was. Neither one of them deserve one second in jail for defending their respective family.