Based on coverage from CBC, Toronto Star, BayToday, and CityNews.
Charges against a Lindsay, Ont., tenant accused of assaulting an alleged home intruder have been withdrawn, months after the case lit up a national argument about self-defence and what counts as “reasonable” force inside your own home.
Jeremy David “J.D.” McDonald, 44, had been facing aggravated assault and assault with a weapon after a violent early-morning confrontation on Aug. 18. On Thursday in a Lindsay courtroom, a Crown attorney said there’s no longer a reasonable prospect of conviction, and the court agreed to withdraw both charges.
Lindsay, Ontario self-defence case update
Kawartha Lakes police have said they were called to an apartment around 3:20 a.m. on Aug. 18 after the tenant woke up and found an intruder inside. Police said an altercation followed and the intruder suffered life-threatening injuries, requiring an airlift to a Toronto hospital about 100 kilometres away.
Court documents referenced in reporting say McDonald had a knife during the fight, and the alleged intruder, Michael Kyle Breen, was armed with a crossbow.
McDonald did not appear in court Thursday. His lawyer, Steve Norton, did not immediately respond to requests for comment, and neither did Kawartha Lakes Police Chief Kirk Robertson.
Why the Crown withdrew Jeremy McDonald charges
Crown attorney Sarah Repka told the court that prosecutors reviewed additional evidence that wasn’t available when police laid charges last summer, including medical records and forensic testing results.
Repka also drew a clear line between the standard for laying a charge and the standard for continuing a prosecution. She said investigators “clearly” had enough evidence at the time to charge McDonald, but that continuing the case requires a higher threshold.
The Canadian Press reported the Crown reviewed the circumstances and the Criminal Code’s self-defence requirements and concluded there is evidence supporting a self-defence argument. With that, the Crown said there’s no longer a reasonable prospect of conviction.
Michael Kyle Breen still facing Ontario charges
Breen, 42, still faces four charges tied to the same Aug. 18 incident. Reporting lists them as breaking and entering, possession of a weapon for a dangerous purpose, mischief under $5,000, and failing to comply with probation. He also faces theft-related allegations, according to The Canadian Press.
Breen remains in custody and appeared separately in the Ontario Court of Justice in Lindsay by video link on Thursday.
At a previous hearing, Breen described the severity of his injuries, saying: “I almost lost my life. I’m cut up from head to toe.”
Political reaction from Doug Ford and Pierre Poilievre
This case drew attention well beyond Kawartha Lakes. After police announced charges against McDonald, Ontario Premier Doug Ford said the decision showed “something is broken.” Federal Conservative Leader Pierre Poilievre also demanded changes to legislation.
Kawartha Lakes Police Chief Kirk Robertson responded at the time by stressing that people have a right to defend themselves and their property, but that force must be proportionate to the threat and reasonable in the circumstances. He also criticized some of the public reaction as “unjust and inaccurate,” saying it didn’t match the evidence investigators had.
What we know about McDonald’s past convictions
CBC News also reported McDonald has a violent history.
Historical court records reviewed by CBC show McDonald pleaded guilty to charges including assault after a 2001 incident involving a baseball bat, though a more serious charge of assault with a weapon was withdrawn. Seven years later, he pleaded guilty to assault causing bodily harm in another case and received a three-month jail sentence and 18 months’ probation. CBC also reported he admitted to breaching probation and, in a separate matter, failing to comply with a release order.
With McDonald’s case now off the table, the legal focus shifts to Breen’s pending charges in Lindsay court.
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