Castle Law For it? Or against it?

Retired_Can_Soldier

The End of the Dog is Coming!
Mar 19, 2006
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It will surely save my back digging holes.

From Google Skynet

In late 2025, Alberta announced plans to introduce a "Castle Law" under the
Alberta Sovereignty Within a United Canada Act, aiming to create a legal presumption of safety for residents defending their homes. The policy seeks to prevent provincial police from charging homeowners using force against intruders, aiming to protect them from prosecution.
Key Aspects of Proposed Alberta Castle Legislation:
  • Preventing Prosecution: The initiative is designed to bar criminal charges against residents who use force to defend their homes and families.
  • Action Under Sovereignty Act: The government is utilizing the Alberta Sovereignty Within a United Canada Act to instruct provincial entities, including police, not to prosecute home-defense acts, focusing instead on addressing violent crime.
  • Focus on Reasonableness: The policy reinforces the right of Albertans to use "reasonable force" to protect their homes, aiming to ensure that homeowners are not unjustly jailed for defending their property.
  • Concerns Raised: Some critics, including opposition members, argue that these changes could be dangerous, potentially encouraging people to violate federal criminal laws, as the Criminal Code allows for self-defence, but not necessarily a "blanket permission" for excessive force.
While federal law (Section 34 and 35 of the Criminal Code) already allows for reasonable force in self-defence, this proposed provincial legislation acts as a directive to limit police and prosecution action against residents in these scenario
 
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Tecumsehsbones

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Pretty standard. Our states run gamut from "stand your ground" to a duty to retreat if one can safely do so, but they all come down to some more or less harsh variation on "a person in your home without invitation is presumed to be offering a threat of death or serious bodily harm," which is the standard for deadly-force defense.
 
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spaminator

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Peterborough store clerk acquitted in self defence armed robber case
A jury has decided a 24-year-old international student from India is not guilty for getting a bat away from an attacker and using it to protect himself


Author of the article:Joe Warmington
Published Feb 12, 2026 • Last updated 1 day ago • 5 minute read

Tejeshwar Kalia, a student from India, is facing aggravated assault charges after defending himself from a bat-wielding robber while working as a clerk at a Circle K convenience store on Jan. 5, 2024 in Peterborough, Ont.
Tejeshwar Kalia, a student from India, faced aggravated assault charges after defending himself from a bat-wielding robber while working as a clerk at a Circle K convenience store on Jan. 5, 2024 in Peterborough. Photo by Ernest Doroszuk /Toronto Sun
A Peterborough jury has decided a convenience store clerk was within his rights when he used a baseball bat that he was attacked with to protect himself!


Count this verdict as a big win for those who believe an innocent victim under attack should have a legal right to self defence.


No matter what the chief of police may have originally thought, it turns out the jury decided Peterborough’s ‘Bat man’ is a good-guy crimefighter and not a villain, as he was so charged.

After five hours of deliberation, and more than two years since the incident occurred on Jan. 5, 2024, this jury Wednesday found Tejeshwar Kalia not guilty of aggravated assault.

“I feel so relieved,” said the now 24-year-old Sir Sanford Fleming international student from India.

The first thing he did was phone his parents and family back home and let them know.

“They are so happy this is behind me,” he said.

They are also happy he’s safe and was not hurt during the robbery in which he was hit twice with a baseball bat. This has been no easy road for him where he fought off potentially being hurt or killed, faced prison time and possible deportation, not being able to finish school and financial ruin.


Even when people chipped in to help him on GoFundMe, someone complained and the crowdfunding effort was cancelled — later to be picked up by GiveSendGo.

The only luck Tejeshwar Kalia has experienced in his time in Canada is no luck at all. Or just plain bad luck.
Circle K clerk Tejeshwar Kalia, 22, and an unidentified customer are seen in security video wrestling a baseball bat away from Jonathan Handel after the 37-year-old attempted a violent robbery of the store in Peterborough on Jan. 5, 2024. Photo by Supplied /screengrab from security video)
Was in a fight for his life
At just 22 years old at the time, he was working the overnight shift at a Circle K convenience store when a man came in with a baseball bat with the intention of robbing him. Although he was struck by the bat, Kalia managed to wrestle with the assailant and once outside, got control of the bat and struck the intruder on the head with it.

Both ended up being charged.

Four months later, homeless fentanyl addict Jonathan Handel, 37, recovering from head trauma which saw him induced into a coma, pleaded guilty to robbery and was sentenced to 14 months in jail.

But Kalia’s legal problems hung around a lot longer.

“I saw it as me defending myself,” Kalia told the Toronto Sun at the time. “I was afraid for my life.”

He told police he saw the attacker reach for something in his pocket – and a knife was later discovered by the detectives.

But not only did Peterborough Police lay the charge against Kalia, they really doubled down on it.

Chief Stuart Betts did not appreciate people criticizing police, saying, “In a world where security cameras are everywhere, do you really think we would not have seized and reviewed the footage as part of the investigation and prior to laying charges?”



Betts asked the public to “allow the facts of the case to guide your commentary and opinion, not your reaction to a headline” and said, “I’m quite confident that not one person who has made a comment about this case has seen the video or has access to the actual facts.”

Video was key
But when the Toronto Sun did gain access to the video and share it with the public, it sparked even more debate about it. The chief had a point since the bat incident did happen outside the store and, under the rules of the road in Ontario, that can result in a criminal charge.

But when you consider it all happened in few seconds, it’s difficult to blame someone fearing for their life to take action. It also seemed strange that Kalia could face more jail time than the violent armed robber.

In a statement to the Sun on Thursday, Betts said, “I stand behind the decision of our officers to lay the charges against both people in this incident. This was an emotionally charged case, and I am aware of the jury’s finding; however, any decision around an appeal is with the Crown.”


In the end, it all worked out. Taking this to a jury may have actually been the best place to take this. A jury made its decision.

“I didn’t know which way it would go,” said Kalia, who admits it was terrifying to think he could end up in jail and was a burden off his shoulders when he heard “not guilty.”

“I was excited,” he said, adding the jury members were like many fair-minded people back in his home country “who understand who the robbers are and who the victims are.”

Jonathan Handel, 37, steps out of an OPP offender transport van in handcuffs at the courthouse in Peterborough, Ont., on Thursday April 4, 2024.
Jonathan Handel, 37, steps out of an OPP offender transport van in handcuffs at the courthouse in Peterborough, Ont., on Thursday April 4, 2024. Photo by Ernest Doroszuk /Toronto Sun/Postmedia Network
Through the process, a Hindu by faith, Kalia said he was “praying” for Handel and wanted nothing but happiness for him. Happiness is something Kalia says he also wants again for himself. He’s been in a state of limbo and now feels free again. He has options now he didn’t have before the verdict. He can travel and think about his future again.

Kalia grateful for the support
“I want to thank the jury and the great city of Peterborough for all the support they have given me,” said Kalia. “I love Canada and I love Peterborough. I also want to thank my amazing lawyers who worked so hard for me.”


He’s hoping for a second chance and to be able to finish his education and obtain a career and eventually become a Canadian citizen. If ever a kid deserved it, it’s this fine young man they call TJ or Teej. He’s due for some good luck.

This is a big win for his defence lawyers David O’Neill and Jeff Ayotte of the Peterborough Ayotte Dupuis Gunsolus O’Neill Law firm because they felt this was a case of self defence and not criminality.

“This is a huge relief for Teej,” said O’Neill, who said the Cown and judge were very thorough and fair.

This is a big step for Ontario as well in grappling with being able to protect yourself and your property when being violently attacked. Premier Doug Ford himself has expressed much frustration toward police laying so many charges on people who were the actual victims of crime.

Whether there one day is a castle doctrine law or by osmosis the power of the courts prevail, a young student from India and a jury of people from Peterborough may have changed the game for people standing up to armed offenders.

jwarmington@postmedia.com

Tejeshwar Kalia, a student from India who faces aggravated assault charges after defending himself from a bat wielding robber when he worked as a clerk at a Circle K convenience store on Jan. 5, is seen here in Peterborough, Ont., on Thursday April 4, 2024.
Tejeshwar Kalia, a student from India who faces aggravated assault charges after defending himself from a bat wielding robber when he worked as a clerk at a Circle K convenience store on Jan. 5, is seen here in Peterborough, Ont., on Thursday April 4, 2024. Photo by Ernest Doroszuk /Toronto Sun/Postmedia Network
 
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Ron in Regina

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Circle K clerk Tejeshwar Kalia, 22, and an unidentified customer are seen in security video wrestling a baseball bat away from Jonathan Handel after the 37-year-old attempted a violent robbery of the store in Peterborough on Jan. 5, 2024.
1771081369715.jpeg
So Tejeshwar Kalia faced a maximum of 14 years, where as Jonathan Handel faced a maximum of 14 months. That’s just bizarre.
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(YouTube & Jury clears Circle K clerk of assault on bat-wielding robber)

In this case, the jury in Peterborough, Ont., this week resulted in the acquittal of a store clerk on a charge of aggravated assault after he wrestled a baseball bat away from an assailant — also armed with a knife — and used it to defend himself.

Under Section 34 of the Criminal Code, a victim of a criminal assault has a right to defend himself only if his response is “reasonable” in the circumstances, determined by an unrealistically complex series of factors.

The victim, for example, is expected to determine in the midst of a threatened attack whether “the use of force was imminent and whether there were other means available to respond to the potential use of force.”

The victim must consider “the size, age, gender and physical capabilities” of the attacker to determine whether his use of force in response is justified, where “the nature and proportionality of the person’s response to the use … of force” will be judged long after the fact.