Latest / Radio Baloney - The Richie Baloney Show! / 'STAND ON GUARD' Castle Law Proposed By Pierre Poilievre
Transcript
- 0:00Speaker 1: We're calling on the government to introduce and immediately pass
- 0:03Speaker 1: the stand on Guard law.
- 0:09Speaker 2: So a man in Lindsay, Ontario was awoken at three
- 0:11Speaker 2: point twenty in the morning by an armed home invader,
- 0:15Speaker 2: and the home invader ended up in hospital with life
- 0:19Speaker 2: threatening injuries as a result of the victim of the
- 0:24Speaker 2: home invasion defending himself and then of course was arrested
- 0:28Speaker 2: by the police because well, I guess just Canada, let's
- 0:32Speaker 2: see what Pierre Pauliff has to say about this.
- 0:35Speaker 1: Conservatives are standing here today based on the principle that
- 0:39Speaker 1: your home is your castle. We're calling on the government
- 0:43Speaker 1: to introduce and immediately pass the stand on Guard law.
- 0:48Speaker 1: Failing which one of our party's MPs will put forward
- 0:52Speaker 1: such a bill. It will amend section thirty four point
- 0:56Speaker 1: two of the Criminal Code, which right now says that
- 1:00Speaker 1: you can defend yourself based on nine very complicated and
- 1:05Speaker 1: vague conditions. Now, look, if you're defending your house, you
- 1:10Speaker 1: don't have time to think through nine different conditions. You
- 1:13Speaker 1: have one condition to protect yourself and your kids. And
- 1:18Speaker 1: it is wrong for the law, for the police and
- 1:20Speaker 1: for judges to apply a complicated, indecipherable legal doctrine against
- 1:27Speaker 1: you when you were only doing what is right. Our
- 1:30Speaker 1: amendment instead will change section thirty four point two of
- 1:35Speaker 1: the Criminal Code to say that the use of force,
- 1:39Speaker 1: including lethal force, is presumed reasonable against an individual who
- 1:45Speaker 1: unlawfully enters a house and poses a threat to the
- 1:49Speaker 1: safety of anyone inside. The proposed amendment is reasonable and prudent.
- 1:55Speaker 1: It applies only to the unlawful entry of a home
- 1:58Speaker 1: and preserves proportionality simply puts. Simply put, it means you
- 2:03Speaker 1: have the right to use force to defend your home
- 2:06Speaker 1: and your family against someone who threatens you and who
- 2:09Speaker 1: is entered illegally.
- 2:11Speaker 2: The standard is reasonable force. But how can anybody be
- 2:15Speaker 2: expected to be reasonable in an unreasonable situation? You've been
- 2:19Speaker 2: woken up in the middle of the night, You're groggy,
- 2:22Speaker 2: all of a sudden, you've got adrenaline, adrenaline coursing through
- 2:26Speaker 2: your system. You're confused. It's almost like a temporary insanity defense,
- 2:32Speaker 2: isn't it like? How could you be expected to parse
- 2:36Speaker 2: out the criminal Code in that moment? It's obviously ridiculous.
- 2:41Speaker 2: How can you be expected to be able to function
- 2:46Speaker 2: rationally in that moment? I mean it is literally in
- 2:50Speaker 2: your mind. You have no idea. Is this life and death.
- 2:53Speaker 2: The idea that anything isn't reasonable in that circumstance is absurd. No,
- 3:00Speaker 2: whatever happens happens. Right, you do something unreasonable and put
- 3:05Speaker 2: somebody in an unreasonable position where they can't be expected
- 3:09Speaker 2: to act even rationally in terror, in fear, adrenaline. They're confused. Yeah,
- 3:16Speaker 2: once you cross that threshold, that's it. Your rights. You
- 3:20Speaker 2: left your rights at the door or the window that
- 3:22Speaker 2: you climbed in through done castle law over So, in
- 3:28Speaker 2: determining whether the act committed is reasonable in the circumstances,
- 3:32Speaker 2: the court shall consider the relevant circumstances of the person,
- 3:35Speaker 2: the other parties, and the act, including but limited to,
- 3:38Speaker 2: the following factors. Now, I hope everybody in Canada is
- 3:40Speaker 2: memorizing this, all of this right now, just in case
- 3:42Speaker 2: somebody breaks into your place. You don't want to get arrested.
- 3:46Speaker 2: Let's see. So, the court shall consider relevant circumstances of
- 3:51Speaker 2: the person, the nature of the force or threat. You
- 3:55Speaker 2: have no idea. Somebody could look like they're not armed.
- 3:58Speaker 2: They can have a knife in their pocket, they can
- 3:59Speaker 2: have a gun. You don't know. It's dark, you can't
- 4:02Speaker 2: see you have no idea the extent to which the
- 4:06Speaker 2: use of force was imminent, and whether there was other
- 4:08Speaker 2: means available to respond to the potential use of force. Well,
- 4:12Speaker 2: you know what, now it occurs me. Perhaps everybody should
- 4:15Speaker 2: have a counselor or a social worker. Yeah, that's it.
- 4:19Speaker 2: Everybody should just have a social worker in their place
- 4:22Speaker 2: at all times, right, just in case, just in case
- 4:26Speaker 2: somebody breaks in, in case you need other means to respond.
- 4:30Speaker 2: I mean, what is this the extent to which the
- 4:33Speaker 2: use of force was imminent. You have no idea what's
- 4:36Speaker 2: in this person's mind. You can't be a mind reader.
- 4:40Speaker 2: The law should not require people to be mind readers.
- 4:44Speaker 2: The person's role in the incident, Well, you're in somebody's house.
- 4:49Speaker 2: I think we know your role. Whether any party to
- 4:52Speaker 2: the incident used our threatened to use a weapon. Somebody
- 4:55Speaker 2: could say I'm not armed and actually be armed. That
- 4:58Speaker 2: shouldn't be your problem as the homeowner. The size, age, gender,
- 5:02Speaker 2: and physical capabilities of the parties to the incident, Well,
- 5:05Speaker 2: you know what, I'll tell you what. I'll give them
- 5:06Speaker 2: this if a baby breaks into your house. You know,
- 5:11Speaker 2: maybe if a baby breaks into your house, Okay, maybe
- 5:16Speaker 2: hold back a second, the nature, duration, and history of
- 5:20Speaker 2: any relationship between the parties to the incidents, including any
- 5:23Speaker 2: prior use or threat of force, and the nature of
- 5:25Speaker 2: that force or threat. I don't know, you wake up
- 5:27Speaker 2: at three twenty in the morning, there's somebody in your place.
- 5:30Speaker 2: You know, it just feels like a game over thing
- 5:33Speaker 2: for me. The nature and proportionality of the person's response
- 5:36Speaker 2: to the use of threat or force should not be
- 5:39Speaker 2: your problem. Whether the actimmitted was responds to a use
- 5:43Speaker 2: or threat of force that the person to do was
- 5:44Speaker 2: a look in the middle of the night. You can't
- 5:47Speaker 2: think straight. You've got you've got hormones flooding your system.
- 5:52Speaker 2: You've got adrenaline flood flooding your system. You can't be
- 5:55Speaker 2: expected to be rational or to you remember, let's see
- 5:58Speaker 2: what did part say or you know what did part say?
- 6:04Speaker 2: As size, age, gender, Well, it's not a baby that
- 6:07Speaker 2: broke in, so I guess I should be fine. Yeah,
- 6:10Speaker 2: this needs to be changed because this is just perfect
- 6:13Speaker 2: for an activist judge just to go through all this.
- 6:16Speaker 2: If you're an activist judge, you can find a reason
- 6:19Speaker 2: to convict somebody or to put somebody through the hell
- 6:23Speaker 2: of a trial. Because you use too much force. It
- 6:27Speaker 2: was not proportionate force. Right, I say, you have no
- 6:32Speaker 2: idea what's in that person's mind. You don't have any
- 6:35Speaker 2: idea what that person was armed or not. Even if
- 6:38Speaker 2: they look like they're not armed, you have no idea
- 6:41Speaker 2: if they are, you won't know until the threat is neutralized.
- 6:44Speaker 2: It's all pretty simple to me. I think we need
- 6:47Speaker 2: new laws in Canada, sane laws, saying laws. And let's
- 6:53Speaker 2: hear this as well. Here's just one more, Pierre PAULV.
- 6:56Speaker 2: Now we haven't heard anything from Carnion this have we?
- 6:59Speaker 2: And he can't because it's self defense. Isn't a progressive value, right,
- 7:04Speaker 2: Protecting the protecting the criminal is the progressive value. So
- 7:09Speaker 2: he can't. He's kind of his hands are tight. He
- 7:10Speaker 2: can't he get way into this.
- 7:12Speaker 1: You need to be able to do whatever you think
- 7:14Speaker 1: is necessary to save your family. And so our caucus
- 7:21Speaker 1: is going to be talking over the next several weeks
- 7:24Speaker 1: about changes that criminal code may need to clarify the
- 7:30Speaker 1: absolute right of Canadians to defend themselves, including by taking
- 7:37Speaker 1: very aggressive and even lethal action against someone who's broken
- 7:40Speaker 1: into their house.
- 7:41Speaker 2: This is the kind of forthright comment that we need
- 7:46Speaker 2: from conservative leader in Canada. We don't need water down,
- 7:50Speaker 2: we don't need Oh what will the CBC say, Oh
- 7:53Speaker 2: what will you know? Purple haired gremlins say? Oh what
- 7:57Speaker 2: will far left activists say? What will far left communist
- 8:01Speaker 2: academics say? Just speak to sane people, don't change it,
- 8:06Speaker 2: don't water it down. The people who don't like it
- 8:09Speaker 2: will never vote for you in a million years anyway, right,
- 8:13Speaker 2: those people would rather be victimized than vote for you.
- 8:17Speaker 2: So just this, this is it, This is what we want. Right,
- 8:21Speaker 2: anything necessary, And in those circumstances, anything is anything because
- 8:27Speaker 2: you have no I get you have no idea what
- 8:31Speaker 2: is in that other person's mind, And you shouldn't have
- 8:34Speaker 2: to read their mind and you shouldn't have to be
- 8:37Speaker 2: a doctor and do it on the spot, a healthless
- 8:40Speaker 2: assessment of that person. If you've done too much harm
- 8:42Speaker 2: or not, that's not your problem. The second that you
- 8:46Speaker 2: invade a home and you cross the threshold, you leave
- 8:49Speaker 2: your rights outside anyway. That's all I'm going to say
- 8:53Speaker 2: about that. Please like, share and subscribe. Subscribing really helps
- 8:57Speaker 2: me out. I thank you for that. I will see
- 8:59Speaker 2: you next time.