As Canadians reflect on the major discussions of 2025, a critical debate over the fundamental right to self-defence has resurfaced with significant force. This conversation was powerfully framed in a recent replay of a September 5, 2025 podcast episode featuring criminal lawyer Solomon Friedman in conversation with Brian Lilley.
The Clash Between Legal Rights and Police Guidance
The issue gained fresh relevance after the Alberta government issued a directive to its Crown prosecutors. The guidance instructs them to refrain from charging individuals who use force while "defending themselves and their loved ones." This provincial move stands in stark contrast to the advice often disseminated by police services across the country.
Friedman, a seasoned criminal defence attorney, directly challenged the common law enforcement recommendation that victims of a violent home invasion should simply comply and not resist. He argues this guidance is not only legally questionable but dangerously misguided. "The power to defend yourself, your home and others is backed by the courts and the law," Friedman stated emphatically during the podcast.
Why the 'Do Not Resist' Message is Problematic
Friedman and Lilley delved into the potentially harmful consequences of the prevailing message from some police quarters. They contended that advising innocent citizens to offer no resistance effectively transforms them into defenceless targets. This approach, they argue, inadvertently empowers criminals, making them fearless in the knowledge that their victims are being told not to fight back.
The lawyer clarified that Canadian law, specifically the Criminal Code provisions on self-defence and defence of property, provides a robust framework for citizens to protect themselves. This legal justification can extend, in certain grave circumstances, to the use of lethal force if it is deemed reasonable and necessary to stop an assailant.
The Legal Foundation of Self-Defence in Canada
The core of Friedman's argument rests on a clear legal principle: the right to security of the person is a cornerstone of Canadian law. The courts have consistently recognized that individuals are not required to retreat from their own homes when faced with a threat. The Alberta government's recent directive to prosecutors is seen as an affirmation of this legal reality, aiming to align prosecutorial discretion with the established law.
The podcast discussion serves as a crucial reminder for Canadians to understand their rights. While every situation is unique and force must always be proportional to the threat, the law does not demand passivity in the face of violence. The episode, highlighted as one of the best of 2025, urges the public to be informed and to recognize that the legal system is designed to protect those who are forced to defend themselves, their families, and their homes.
