Ontario man charged with murder shot intruder who broke into his home

Rebel News Store

Purchase your new wardrobe staple from the Rebel News Store today!

BUY NOW

According to Jag Virk, the lawyer for the 22-year-old Milton, Ontario man, he was defending his home from intruders, one of which attacked the man's mother in the early hours of Sunday morning.

#REPORT: A Milton, Ontario man has been charged with MURDER after shooting a man who tried to rob his house. pic.twitter.com/L4mhotDZ5k

— Ontario Proud (@ontarioisproud) February 21, 2023

Police said 22-year-old Milton resident Ali Mian was charged with one count of second-degree murder in relation to the shooting. One unidentified man died on the scene of his gunshot injuries. Romario Clarke, 20, of Oshawa, was charged with one count of break and enter and one count of unauthorized possession of a firearm.

"He shouldn't be charged with murder for protecting his mother from someone that broke into his home."

The lawyer for a 22-year-old man charged with murder is arguing his client was protecting his Milton home from intruders https://t.co/RpcNcAoaRB

— CityNews Toronto (@CityNewsTO) February 21, 2023

In a statement provided to Global News, Virk said his client was a licensed firearm owner who had no intention of killing the alleged intruder.

Conversely, Alberta remains one of the saner places for self-defence in Canada.

In August 2021, a Red Deer, Alberta man was not charged after he shot and killed an intruder in his home after being beaten with a baseball bat.

“I walked down to the end of the hall and I got there, there’s someone laying in our bed and I immediately started shouting at him to get down on the floor, get down on the floor and then he kind of went down and then he came at me and tussled a bit and I pushed back.”

“He was like two and a half feet from me when I fired and then it was over.”

In 2018, Edouard Maurice of Okotoks, Alberta shot home invader Ryan Watson in the arm on his southern Alberta property. Maurice was charged with aggravated assault and weapons offences before charges were stayed by the Crown prosecutor, citing a low likelihood of conviction.

How Edouard Maurice became the voice of rural crime in Alberta pic.twitter.com/jpcekFtURf

— National Post (@nationalpost) October 19, 2018

Maurice was then sued by Watson, who spent 45 days in jail for mischief and breach of existing conditions of release for the incident on Maurice's property.

“Edouard Maurice, AB man charged for firing warning shots at intruders, wants lawsuit dismissed”: ⁦@nationalpost⁩

I contributed to the #Maurice legal defense. Before Bill27.

Those trespassing to commit crimes are bad guys. Did they expect a beer? https://t.co/4xexrV2VoX

— * W. Brett Wilson * (@WBrettWilson) December 22, 2019

The law was subsequently changed in Alberta by the conservative government of then-premier Jason Kenney to prevent lawsuits from those who are injured in the course of criminal activity.