Alberta Conservative MPs ask for use of force leeway in rural crime

Conservative members of Parliament in Alberta are recommending the Criminal Code be changed to provide more leeway for rural homeowner to defend their property by force.

In Canada, police ask people to not engage with trespassers and instead to report violations immediately to law enforcement. However, residents have felt police response is too slow.

A recent case prompted much outcry from Albertans. Rural homeowner Eddie Maurice, was accused of shooting a suspected thief and faced charges, which were dropped in June.

'Afraid to go to sleep'

"Folks are afraid to go to sleep at night in some areas," Blaine Calkins, the Conservative MP for Red Deer-Lacombe, told the Calgary Eyeopener on Thursday.

"There're repeat break-ins to their property, anything from people driving by, stealing gas, coming into their yard rummaging through their vehicles, stealing tools from their shop, right up to actual dangerous home invasions."

According to the Alberta government, rural crime has dropped 11 per cent since January. The province has invested $10 million to address the issue, and RCMP recently announced changes to get more officers on the street.

The complaints from residents outweigh that decrease in crime, Calkins said, especially after a rise in years prior.

In a newly published report, Toward a Safer Alberta: Addressing Rural Crime, Alberta's federal representatives detail what they heard from rural homeowners in town-hall meetings and consultations held over the past year.

Use of force clarity

One of the key recommendations the MPs made is to broaden the scope of what constitutes reasonable use of force when someone is defending property or a person.

Specifically, the report requests:

• Adding the requirement for judges, when determining reasonableness, to consider remote locations and timelines of emergency response, willingness of suspect to leave the premises when requested, number of people committing the crime and codification of current common law principles regarding self defence, defence of third parties and defence of property.
• Amending the code to add targeting vulnerable people or property including remote rural properties as an aggravating factor in sentencing.

According to the report, 17 requests were made for such changes.

Calkins said people find they're outnumbered, they fear for their lives and feel they should be allowed to defend themselves without fear of prosecution.

Offside with the law

"They're wondering what is it that they're all to do," Calkins said. "Because we've seen several high profile cases in Alberta and across the Prairies recently where people who do try to defend themselves find themselves offside with the law."

He said all he can tell people is what the police say, that engaging with trespassers means taking a "huge risk" until you end up in front of a judge to determine if it was reasonable or not.

The provincial United Conservative Party previously recommended a similar Criminal Code change.

Rural Albertans asked in greater numbers for tougher sentences for thieves and better crime prevention, according to the report.

According to the report, residents made:

• 50 requests for additional RCMP resources.
• 41 requests for stronger sentences, in particular for repeat offenders.
• 33 requests for more proactive crime prevention efforts.
• 25 requests for more funding and promotion support for rural crime watch groups.

The Conservative members of Parliament said the report with the full list of recommendations will be submitted to the standing committee on public safety and national security, which is studying the issue of rural crime.

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​With files from the Calgary Eyeopener.