Juno News - January 12, 2019


Self-defense is a fundamental right in Canada


Episode Stats

Length

3 minutes

Words per Minute

180.23817

Word Count

560

Sentence Count

38


Summary

Keegan Muxlow has been charged with second-degree murder in the death of an 18-year-old who was a victim of a home invasion in Weyburn, Saskatchewan, Canada. Andrew Lutton explains why self-defense is a fundamental right in Canada.


Transcript

00:00:00.120 A Weyburn, Saskatchewan man has been charged with second-degree murder after shooting and killing an 18-year-old in his home.
00:00:07.560 Keegan Muxlow is the man now facing this murder charge.
00:00:10.920 And it sounds like this is the way the law is supposed to work until you learn one very critical detail.
00:00:16.380 That 18-year-old was part of a home invasion.
00:00:19.120 He was breaking in alongside two of his friends to Keegan Muxlow's home, and what's worse is they were armed.
00:00:25.960 Now, so too was Keegan Muxlow.
00:00:27.720 He had a .22-caliber rifle, which, if you're not familiar with guns, is pretty much the smallest round of ammunition you could have.
00:00:35.080 It's used for hunting rabbits, not killing people, and certainly not most crimes.
00:00:39.900 But he had a .22-caliber gun.
00:00:42.060 He used it, shot the 18-year-old dead, and it sounds like there was a bit of a tussle, but ultimately police were called, and Keegan was the one charged with murder.
00:00:51.940 Now, the two surviving alleged home invaders were, in fact, charged.
00:00:56.040 They were charged with breaking and entering.
00:00:57.720 But this charge pales in comparison to the second-degree murder charge that Keegan Muxlow has.
00:01:03.060 Now, he's also facing a charge of unlicensed possession of a weapon and unsafe storage of it.
00:01:08.900 He didn't have a firearms license.
00:01:11.060 Now, understandably, this is tainting people's perception of the case.
00:01:14.800 If he had an illegally owned gun, then surely he should be charged.
00:01:19.500 And I agree, he should be charged for the ownership of the gun if it was, in fact, illegal.
00:01:25.540 But whether or not he lawfully owned the gun is irrelevant.
00:01:28.980 The law in Canada says that you can defend yourself with reasonable force, which means if someone comes in with a gun, you're pretty well justified to use a gun, even if you aren't supposed to have it to defend yourself.
00:01:41.560 But unfortunately, in Canada, the law surrounding self-defense is often very weak when police refuse to keep the spirit of that law alive.
00:01:51.320 Now, courts have in the past given many, many passes to people that police charged because they were defending themselves.
00:01:59.880 But not in every case.
00:02:01.420 It's not been exclusive.
00:02:02.900 But more importantly, if you are put on trial in a self-defense case, you're the one that has to mount a defense.
00:02:09.040 And this has cost people tens of thousands of dollars.
00:02:11.420 The most notable example is the man in Port Colborne, Ontario, whose home was firebombed and he shot warning shots, didn't even shoot at the people that were destroying his property and threatening his family.
00:02:24.300 But the need to protect self-defense has never been more alive because you have law enforcement agencies in Canada that are not recognizing what isn't just a right in Canada, but a fundamental common law right.
00:02:36.260 Something that really is as intuitive as it is lawful to protect and defend yourself.
00:02:43.380 Now, I don't know the details of this Weyburn, Saskatchewan case.
00:02:46.380 I don't know what this nature of the invasion were.
00:02:48.960 We know that most home invasions typically are targeted.
00:02:52.200 But we do know here that a man had his home broken into and the people who were breaking in had a gun and he had a gun and he shot back.
00:03:00.640 That is not murder.
00:03:02.800 For the True North Initiative, I'm Andrew Lutton.
00:03:06.260 For the True North Initiative, I'm Andrew Lutton.