Alberta Premier Danielle Smith has taken decisive action to reinforce the rights of citizens to defend their homes and families, announcing new instructions for law enforcement and prosecutors in the province. The move, which drew significant applause at the United Conservative Party conference, also includes a firm stance against the federal government's gun confiscation program.
New Guidance for Police and Prosecutors
Premier Smith stated that her government will issue updated policy manuals to police and Crown prosecutors, clarifying when charges should and should not be laid in cases of self-defence. The premier explicitly declared that Albertans defending their homes and families from intruders will not be prosecuted. This policy shift aims to address what critics see as an overreach in charging individuals in clear cases of reasonable defence.
"I've got a little tip for low-life criminals out there: If you don't want to get shot, don't break into someone's house," Smith told the audience on November 30, 2025. "It's really that simple, isn't it?"
Rooted in Canadian Legal Tradition
The Premier's initiative is framed not as creating new law, but as affirming existing legal principles. Self-defence is a long-standing right in Canada, supported by common law and explicitly codified in Section 34 of the Criminal Code. It is further underpinned by Section 7 of the Charter of Rights and Freedoms, which guarantees "life, liberty and security of the person."
Legal experts note that the so-called "Castle Law"—the right to defend one's home—already exists within this framework. The core legal test hinges on whether a person's actions were "reasonable in the circumstances." This means a homeowner can use force, including lethal force, if they reasonably believe their life is in imminent danger, such as from an armed intruder. However, the law does not protect someone who pursues and attacks a fleeing intruder.
The Problem is Policy, Not Law
According to criminal defence lawyer Solomon Friedman, the issue has rarely been the law itself, but rather the interpretation and application of it by police and prosecutors. "The law is not the problem; policy is the problem," Friedman explained. He praised Smith's approach, stating that amending provincial policy manuals is the correct mechanism to ensure the law is applied as intended.
Friedman pointed out that past federal efforts to clarify self-defence laws, such as reforms under the Harper government in 2012, fell short because provincial authorities did not update their internal guidance to reflect parliamentary intent.
The Alberta Premier's announcement also reiterates her government's opposition to the federal gun confiscation program led by Prime Minister Mark Carney, a position she reaffirmed during the same conference. This dual focus on self-defence and firearm policy highlights the ongoing tension between provincial and federal jurisdictions in matters of justice and security.
Smith's directive challenges other provincial leaders, like Ontario Premier Doug Ford—who has previously called for a Castle Law—to follow Alberta's example by updating their own provincial prosecution manuals instead of seeking new federal legislation.
