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Karen Selick

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The Canadian Man Charged for Defending Himself

Posted: 01/04/2013 5:48 pm

When Ian Thomson moved into his home in rural Port Colborne, Ontario, he quickly learned that he had the proverbial "neighbour from hell," a man with a long criminal record and considerable jail time in his past. Thomson had to call the police on numerous occasions when articles of his property went missing and death threats were made against him. To ensure his safety, he installed several surveillance cameras around his house.

One morning in August, 2010 Thomson awoke to find intruders firebombing his house. To see portions of the surveillance videos, click here.

For more details on the attack, here's what I wrote about this case in the Calgary Herald:

As an experienced firearms instructor, Thomson knew what he had to do. He got his gun out of the safe where it was stored and scared the men off his property by firing over their heads.

Thomson was initially charged with four offences, but two of those (careless use of a firearm and pointing a firearm) were dropped by the Crown when it became obvious that his self-defence argument would succeed. The remaining charges, of unsafe storage of his firearm and ammunition, went to trial. A decision was rendered by Justice Colvin on January 3, 2013. Thomson was found not guilty.

However, his problems may not yet be over. The Crown apparently said even before the decision was rendered that if Thomson were not convicted, the Crown would appeal. It seems the Crown wants Thomson to go to jail for storing his gun and his ammunition in the manner necessary to save his life.

Meanwhile, the four intruders recently pleaded guilty under s. 433 of the Criminal Code ("Arson -- disregard to human life"), an offence which carries a maximum penalty of life imprisonment. Two of them got sentences of two years. A third man got sentenced to three years. The fourth man -- the one who can be heard in the surveillance video shouting, "Are you prepared to die?" was sentenced to two years on top of the 29 months he has already spent in jail.

Is it just me, or do those sentences seem wildly disproportionate (i.e. far too lenient) when compared to the Crown's insistence that the victim himself should go to jail for the allegedly unsafe storage of his ammo?

Loading Slideshow...
  • What does this new bill on the gun registry do?

    We keep hearing about scrapping the long-gun registry, but really what we're talking about is scrapping the requirement for people to register their rifles and shotguns - that's what Bill C-19 aims to do by making amendments to the Criminal Code and Firearms Act. Once passed, people will not have to register their non-restricted or non-prohibited firearms. It also provides for the destruction of existing records in the Canadian Firearms Registry for those firearms. <em>With files from CBC</em>

  • What exactly is the registry?

    It's a centralized database overseen by the Royal Canadian Mounted Police that links firearms with their licensed owners. It contains information about all three types of guns that must be registered - non-restricted, restricted and prohibited. (All firearms must be registered.) To register a firearm, you have to have a licence to possess it.

  • Does the bill make any changes to licensing requirements?

    No. Canadian residents need a licence in order to possess and register a firearm or ammunition and that won't change. There are a couple of different kinds of licences because of various changes to laws and regulations over the years.

  • What are long guns?

    There are three types of guns under Canadian law: non-restricted, restricted and prohibited. Most common long guns - rifles and shotguns - are non-restricted but there are a few exceptions. A sawed-off shotgun, for example, is a prohibited firearm. A handgun is an example of a restricted firearm. Different regulations apply to different classifications of firearms.

  • How many guns are we talking about?

    As of September 2011, there were about 7.8 million registered guns. Of those, 7.1 million are non-restricted firearms.

  • Why does the government want to get rid of the long-gun registry?

    The government says it is wasteful and ineffective at reducing crime and targets law-abiding gun owners instead of criminals, who don't register their firearms.

  • Who wants to keep it?

    Police and victims' groups are big supporters of the registry. Police say the database helps them evaluate a potential safety threat when they pull a vehicle over or are called to a residence. They also say it helps support police investigations because the registry can help determine if a gun was stolen, illegally imported, acquired or manufactured. This year, the RCMP says police agencies accessed it on average more than 17,000 times a day.

  • When will the registry cease to exist?

    The government has passed the legislation and the registry no longer exists. Except for in Quebec, where an ongoing court challenge means the owners must still register their guns in the province.

  • Why does the government want to destroy the records?

    The government is doing this to ensure that no future non-Conservative government can recreate the registry. Public Safety Minister Vic Toews has also made it clear that if any province wants to set up its own registry it would get no help from the federal government. The Conservatives are so fundamentally opposed to the existence of the records, because they say they focus on law-abiding citizens instead of criminals, that they don't want them available for anyone to use.

  • How much does the registry cost?

    The registry cost more than $1 billion to set up in 1995 and the cost was the source of much controversy. Public Safety Minister Vic Toews said on Oct. 25 that the government's best estimate is that it costs about $22 million a year to operate. That's the entire registry, not just the long-gun portion, but he noted most of the guns in the registry are long guns. He said he didn't know how much money scrapping the requirement to register long guns would save the government. Conservative MP Candice Hoeppner says there are also "hidden costs" that are borne by provincial and municipal police agencies to enforce the registry.

 

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This user has chosen to opt out of the Badges program
05:26 PM on 01/07/2013
"Is it just me, or do those sentences seem wildly disproportionate (i.e. far too lenient)"

It's not you. Someone with a prior criminal record should have received a much longer sentence than the 2 years + 29months for arson. Imagine if the poor victim had not installed cameras and was not armed? Why did they not go for attempted murder? Were they missing evidence demonstrating intent? Was the uttering of "Are you prepared to die?" prior to the attack not sufficient for attempted murder?

Just out of curiosity, who gave the prosecutor leeway to act in such a way against the victim? What garbage message are they trying to convey/dictate to the public?

Perhaps other than the four wannabe killers, Colberg must be inhabited by angels and this prosecutor is bored out of his mind. Something is up with the prosecutor in this case and to me, where there is smoke (arson or otherwise), there is a fire.
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HUFFPOST SUPER USER
Medusa Sant
Jedi on the streets. Sith in the sheets.
06:39 PM on 01/06/2013
Someone needs to firebomb the Crowns house, see how he feels about the usage of firearms AND ammunition after THAT happens.
Some people need to have things drawn out for them before they understand.
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Richard Pearce
Atheistic-agnostic Canadian polymath
03:19 PM on 01/06/2013
We've seen where letting the gun owner be automatically declared not guilty of gun offenses leads (Travon Martin etc) and not taking the safety precautions with deadly devices like guns are how 'tragic accidents' (that are no more accidents than the collisions caused by drunk drivers) happen.
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colpy
06:29 PM on 01/06/2013
Ahh....Mr. Zimmerman is awaiting trial on murder charges....in case you missed that. And there is extensive evidence that Zimmerman fired in self-defense....unless you believe he beat himself up.
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Richard Pearce
Atheistic-agnostic Canadian polymath
04:36 AM on 01/07/2013
Took extensive publicity, and lots of evidence being destroyed because until the prosecutor overrode the practice of police not investigating when the claim was made.  Treyvan was never the only case, just the one where circumstances conspired to make mainstream media attention happen.
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09:12 AM on 01/06/2013
Warning shots? He should have whacked every one of them.
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colpy
11:23 AM on 01/06/2013
Well, he should have fired at them....until they fled.

Warning shots are a bad idea.

But, it all turned out for the good in the end....I mean of the confrontation.
This user has chosen to opt out of the Badges program
12:32 PM on 01/06/2013
Yea, I guess.  Dead arsonists would be even better but at least the good guy is OK.
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Frnkndad
08:31 AM on 01/06/2013
I fail to see a problem.
The bad guys went to jail.
Thomson (despite being a gun owner) acted in a way found to be acceptable by everyone except an apparently overzealous crown attorney.
The only issue I see is, why did people with long records get such short sentences?
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colpy
11:26 AM on 01/06/2013
The problem is that Thomson was charged in a case of blatantly obvious self-defense. That cost him two and one half years of stress and immense expense.

He was prosecuted only because he defended himself with a firearm.

The issue is slamming people with trumped-up charges for their failure to peaceable burn to death.
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Frnkndad
02:46 PM on 01/06/2013
It obviously wasn't 'obviously self defence'.  But, at trial he was found not guilty.  So the system works.
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elsita woods
Mona Lisa had the highway blues.
07:12 PM on 01/06/2013
"I fail to see a problem.....The only issue I see is, why did people with long records get such short sentences?"
Because a crown prosecutor was determined to cut deals offering absurdly cushy sentences in exchange for the testimony of the demented criminals "with long records," for the sole purpose of "persecuting" a decent man attempting to protect his family and home from these same criminals, who had tried to barbeque him.
After saying that three times quickly, one may wish to seek asylum in peace-loving Switzerland, where typical households ARE REQUIRED BY LAW to keep firearms on site.
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Nickskitz88
Alea iacta est
10:09 PM on 01/05/2013
This is sheer nonsense. Look at what's happening south of the border, and here we have a responsible gun owner using his weapon as expected and yet he's taken to trial over it? If someone cannot protect their own property from violent criminals than what's the point of having self-defence laws in the first place?
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Richard Pearce
Atheistic-agnostic Canadian polymath
03:30 PM on 01/06/2013
The issue is not that he fired the gun at bad guys (and yes, he did need to face investigation over that because otherwise we'd have the situation where a claim that the other guy was bad would let folks get away with murder) but that he stored his gun and his bullets together. Just like with a drunk at the wheel, that is a non-accident 'accident' waiting to happen and something that is not only a crime, but one that needs to be strictly enforced for everyone's safety.
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colpy
06:27 PM on 01/06/2013
Of course there needed to be an investigation of his discharge of a firearm. But the idea is investigate first, and if there is evidence of a crime THEN charge him. Not charge him with whatever comes to mind, then try and make it stick.

There is no law against storing gun and bullets in the same safe.
09:16 PM on 01/05/2013
We have too many bleeding heart judges and politicians. They think only the criminals have any rights.

Also defense lawyers love it, it keeps their customers on the street so they may get more business.

If someone breaks into your house and says he is going to kill you, You must say please do.
07:38 PM on 01/05/2013
How rude and un-Canadian of him to bully the firebombers so.

He should at least volunteer to pay for the cleaning of their underwear.
10:04 AM on 01/05/2013
If someone tries to firebomb my house there is a good chance they will die trying.
Let the law do what is has to but no law is going to prevent me from defending my home and my family. Period.
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elsita woods
Mona Lisa had the highway blues.
07:15 PM on 01/06/2013
.....and it's PRECISELY determined, honorable, clear-headed persons like you that the entire Thomson prosecutorial fiasco is designed to intimidate.
jimbo57
ni dieu ni maitre
09:53 AM on 01/05/2013
The Canadian Constitution Foundation was founded back in 2003 to fight native land claims. It made a name for itself running campaigns to destroy public healthcare in Canada. Now it is getting into the anti gun control business. A glance at its leadership shows some very familiar names on the Canadian right.: Coyne, Levant, Soupcoff. Basically right wing wingnut welfare. People who want American-style healthcare, and now, apparently, American-style gun laws.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
12:34 PM on 01/05/2013
Thank you. I expected that.

The fact that Thompson is not likely to get anything more than a warning about locking up his ammunition makes the screaming rhetoric seem silly.
05:11 PM on 01/05/2013
and a legal bill that is up to $60,000 dollars for defending his life. The crown attorney should lose his licence to practice.
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colpy
07:11 PM on 01/05/2013
The Crown was seeking jail time.

Thomson has been totally exonerated. He will get nothing, as there is no law requiring ammunition be locked up. Not even a lecture.
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russell merifield
08:57 AM on 01/05/2013
Ask yourself if you do not exagerate a bit? There is a law governing the safe storage of firearms. If his arms were dangerously stored, ie not locked in cabinet or whatever, then he has committed an offence. But you suggest that he will go to jail. I haven't read the case but it seems to me that jail would be pretty unlikely here. As to the other sentences. These are normal in the world outside the USA even in places like Russia not noted for gentle criminal law
10:16 AM on 01/05/2013
Thank you for"offering your comments on this case even though you admittedly "haven't read" it.

May I suggest you view the surveillance video and tell us again that "jail would be pretty unlikely here. After viewing the video, I find it galling that the suspects weren't given life sentences.

Looking forward to your thoughts after viewing it, and of course whether you still feel the author was exaggerating.
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MJinCanada
Safe from zombies until my 2nd cup of coffee
12:42 PM on 01/05/2013
Thompson is still alive and well and he can sue the pants off the neighbours for property damage.

I would like to see additional charges against the perps for endangering the dog.
08:38 AM on 01/05/2013
Some important questions are unanswered in this article.

Did he call the police?

What is the average police response time in that neighborhood? If it were reasonable to assume that the police would not have gotten there in time to prevent significant property damage or injury than Mr. Thomson's actions would be very reasonable.
IMO he still would've been obligated to contact police prior to opening fire.

That being said, people were attempting to burn his house down with he and his family inside it. Isn't that an imminent threat to life? Doesn't Canadian law permit the use of lethal force in such circumstances?
05:14 PM on 01/05/2013
He lives out in the country with a long police travel time. He did call the police before shooting safely into the ground and a tree. Not over their heads. Those charges were dropped because they were not winnable.
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Medusa Sant
Jedi on the streets. Sith in the sheets.
09:18 AM on 01/06/2013
Oh lawdy. He shot an innocent tree? The environmentalists will be quite upset about that.
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novabird
Lover of Life, Radical Centrist
07:56 AM on 01/05/2013
They just want to make sure that Canada's strict gun ownership laws remain that way so Canada does not turn into the "rootin' tootin'" shooting gallery that happen daily in the US.
This user has chosen to opt out of the Badges program
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12:32 PM on 01/06/2013
By charging a man for defending his life??? Would they have preferred that he be burned alive???
02:04 AM on 01/05/2013
The judge found him not guilty, which seems like a reasonable decision in this case. So what's the problem?

If the crown does appeal, and the case moves up to a higher court, then the constitutionality of the laws in play will come into question - which means that the might get stuck down.

I'm not sure why we're supposed to be scandalized by the justice system working exactly how it's supposed to. In many cases like this, appeals are a good thing because they prevent other people from facing nonsensical charges if laws are struck down.

It seems rather surprising that the author of this piece, allegedly an experienced lawyer, lacks such a basic understanding of how the judicial system works.
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colpy
05:42 AM on 01/05/2013
He never should have been charged.

The Crown, in forcing him to great distress and expense in defending himself in court, has punished him for daring to exercise his ancient right to self-defense instead of quietly burning to death.

It is outrageous. I've been following this since day one......
08:17 AM on 01/05/2013
You ask, "What's the problem?" The problem is that the accused goes through a terrible ordeal facing a trial and successive appeals. Mr. Thomson now owes a large amount of money to his lawyer and has lost two years of his life worrying about whether he will go to jail for defending himself. It would be scandalous for the Crown to put him through another level of court just to make the justice system "work exactly how it's supposed to." The justice system is victimizing him again after he was already victimized by people trying to kill him.
10:46 PM on 01/04/2013
I find it interesting that the continual harassment by his neighbors was not addressed so aggressively by the prosecutor. The stench in the prosecutor’s office is overwhelming.
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elsita woods
Mona Lisa had the highway blues.
09:44 AM on 01/06/2013
Harassment might occur against a man protecting family's life and limb against a rabble of firebombers IF the culprits are well-connected. Niagara Police, (who initiated the criminal proceedings against Ian Thomson,) together with Toronto Police "bungled," with breathtaking perseverance, the Paul Bernardo / Scarborough Rapist investigations throughout a long period which gave Bernardo, assisted by his charming sidekick Karla Homolka, ample time to commit a string of murder & sex-related crimes, undermining our faith in Canadian justice. It's no secret that Bernardo, and many members of our law enforcement and justice systems - up to the government level - are, in disproportionate numbers, Freemasons; an association that, according to former insiders, functions largely to provide protection and unusual advantages for members, while furthering specific political objectives. Having eschewed clubs requiring loyalty oaths, choosing to pursue integrity-based objectives, I place my trust in an ancient Rabbi ("Yahushuah" in Hebrew,) rather than any ritualistic protection racket (legitimate or not.) Think about what might be fueling the wild irrationality and inconsistencies meted out by our justice system. Consider the impunity with which our Teflon-coated judiciary operates. The following may give food for thought:

http://dir.groups.yahoo.com/gr...
http://freemasonrywatch.org/pa...
http://standyourground.com/for...