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.
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.
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.
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.
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.