Trespassing

[Upwode]

Is it true that if an unarmed intruder enters your home and you have a firearm in your home, you can legally shoot and kill that intruder after giving him reasonable notice to vacate the property?

Thanks.

[Lothen]

Hi Tyler, thanks for writing!

To answer your question in one word: no!  When an intruder is in your home or a trespasser on your property, you are only protected under Canadian Law in using as much force as necessary to either detain or remove that intruder from your home.  Any force you use that is not necessary is considered excessive and in turn you may be prosecuted for assault, or in the case of executing the intruder, murder.

If, however, the intruder puts up enough resistance that would cause you to genuinely fear for your life or the life of anyone in your property, and your life is in imminent danger, then you are justified in using deadly force against that intruder.

Marco.