Canadian man charged with murder after shooting armed home invader with legally owned gun

Canadian man charged with second-degree murder after shooting armed home invader with legally owned gun

A man from Milton, Ontario, in Canada has been charged with second-degree murder after shooting a man who was trying to rob his home, as part of a five-man home invasion, according to the Toronto Star. One intruder was pronounced dead after being shot...

According to Mian's lawyer, Jag Virk, Mian lives with his mother, who was being attacked by one of the intruders, who was in possession of a firearm during the invasion.

“The intruder had a gun and was attacking his mother,” Virk said.

... At approximately 5 a.m., the suspects went to the house with the intent to commit robbery, according to police. The group was confronted by the man charged with the murder offense, Ali Mian, 22, and multiple gunshots were fired inside the home...

The lawyer also told the outlet that Mian's gun is legally registered and that he only fired it once without the intention to kill. After shooting the armed man, Mian called the police...

"You can't use a gun for self-protection in Canada. That's not a right that you have in the Constitution or anywhere else."
~ Justin Fidel Trudeau Castro

 

Coming to United States soon! This is how liberals want it to be in the USA.

 

Never use a legally owned gun to repel and armed home invader. Use something like a baseball bat or hand axe instead. Less chance of legal complications from anti-gun prosecutors.

 

That's is how these liberals roll and what they want for the US. I had a 13 year old grandson visiting over the weekend. Out of the blue he asked me if it was true that Americans could own "20 guns" as if this would be a terrible thing. One of several things he said over a 3 day visit that indicated to me that wokeism was being taught in his school which is in PA. I asked him if he knew what the US Constitution and bill of rights were? Of course he didn't know. Then I asked him if he thought gun control would take guns from criminals. As an intelligent young man, he said gun control would be able to take guns from criminals. I thought back to when I learned to safely shoot a gun in YMCA camp when 11 years old. Liberals have taken over the education system to push their gun control and other aspects of communism. Show me a progressive liberal and I will show you a communist.

 

Oh snap.. Can't wait to see the spin with this story and how the man "shouldn't" have used a gun to defend his home..

 

That is the law in the UK and Australia - you have to use appropriate force - now he will, in all probability have the case dismissed but ALL self defence issues where a death has occurred goes before the courts so a true and proper investigation will take place

 

Yes, a bat is always better than a gun when facing a man with a gun.

 

Five men.

What was he supposed to do?

Canada should send him here, we’ll take him.

 

A proper investigation can take place without hauling the VICTIM into court. If the investigation turns out the VICTIM had a prior relationship with the violent home invaders or called them to his house or some other suspicious detail is uncovered, then charges and an arrest would be sensible. But this is just punishing VICTIMS for daring to protect themselves when the cops arent around. Would you entrust your future to a public defender (I assume thats a thing in CAN and AUS) if you were charged with murder? I wouldn't. This guy now has to pay to defend himself from the state just for saving his grandmother (and himself) from violent criminals. Thats just straight up ****ing evil.

 

Not too sure this is nor already there in states where there is no “castle law” as this is part of the British system of justice and many US legislations were modelled on the British

But the source is “questionable” written to trigger, which it has, and only tells PART of the story

 

Being charged is not the same as being found guilty. The police CANNOT make determination of guilt or innocence THAT is what courts are for

 

We'll see how it hashed out. Other sources dont mention the deceased having had a gun, but the bottom line is that if you don't know, or understand the local laws regarding firearms, then you can end up in this kind if trouble. They push for license-less carry in some States in US too, which will result in people carrying who have no idea what the law says about carrying firearms.

 

This shooting only took place a few days ago and already he’s charged with murder. How long did it take to charge Baldwin?

 

No it cannot as it is not up to the police to be “Judge Jury and executioner”

Now let me give you an alternative possibility here

Hmmm first name sounds, foreign hmmmm. Probably means nothing but I will see if this fact changes the right wing outlook on this story

What say it was not a “home invasion” but a drug deal gone wrong? What if it turns out he had invited them in to play cards and an argument started? The police lay initial charges and the gather evidence which all goes before a court or at least a magistrate

 

That was America this is Canada

Mutters you self “and the next poster who grizzlies about Aussies “being involved in American gun right” is going to get hit over the head with this thread

 

Read this link, they weren’t there to play cards.


https://www.haltonpolice.ca/en/news/shooting-investigation-in-milton.aspx

 

He will probably be acquitted.

Unless the article doesn't tell the whole story....

Fortunately, this kind of thing (home invasion and self-defense homicide) rarely happens in Canada.

A much less violent country than the US.

 

None of that requires charging him with murder and forcing him to hire an expensive lawyer to find out. Police conduct investigations PRIOR to charging suspects all the time. Is 'guilty until proven innocent' common in CAN and AUS now, or ONLY when someone uses a gun?

 

It's insanity at its best.
You should have the right to defend yourself and your family, particularly from a home invasion. Unfortunately, the law is not made to protect us as it seems. If someone was to attempt to take your life, appropriate measures should be taken non-lethal ones, rather than excessive force which would be ideal but not in the eyes of the law which protect the perpetrators.

 

Great advice for anyone who wants to end up like NFL great Sean Taylor, murdered while attempting to protect his family during a multiperp home invasion with a machete.

 

So you are suggesting the Canadian legal system allows someone to be indicted BEFORE an investigation take place?

 

How do YOU know? Your link IS interesting though

Note what is not said as well as how it is framed and deliberately so.

 

related threads:
Canadian Prime Minister does not believe self defense is a right
more examples of criminalization of self-defense

In the U.K. (which is worse than Canada) one man even lost his permit to be able to own a gun after expressing his views on self defense on YouTube.
UK gun owner loses licenses because of internet presence (May 2, 2019)

 

Bowerbird, in the U.S. at least, there is no reason it has to go before the court. If the police do decide to make a referral to the prosecutor, the prosecutor (sometimes in consultation with their office) is obligated not to file any criminal charges if they believe criminal charges are not appropriate.

Even if you are talking about some form of judicial inquest into the death, there is no reason to automatically arrest the man, or require him to have to defend himself.

What would you consider "appropriate force" in this situation, if an intruder has broken into your home and his holding a gun, and there are also four other intruders, who as far as you know may or may not have guns?

Right now the man who shot in self defense is currently in jail awaiting trial. This article says he was arrested Sunday and his court hearing for bail will not be until Thursday but that the wait could be longer.
Milton man charged with murder after allegedly shooting intruder makes brief appearance in court | CP24.com, Chris Fox, February 21, 2023

 

https://www.ag.gov.au/crime/publica...s-involving-external-factors/104-self-defence
A better translation of the law in Aus

https://www.unitedlegal.com.au/crim...know-about-the-self-defence-law-in-australia/

Canadian law

https://www.oykhmancriminaldefence.com/faq/self-defence-laws-canada/