The “Stand on Guard Doctrine”: Could Canada Adopt a Castle Doctrine for Real Estate?

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At Rabideau Law, we spend much of our time helping clients secure and protect their real estate. For many Canadians, their home is their most important asset—financially and emotionally. But when it comes to defending that property from intruders, Canadian law takes a very different approach than the United States.

In the U.S., most states have adopted the castle doctrine, which presumes that a homeowner is justified in using force, even deadly force, against an unlawful intruder. Canada does not have such a law. But what if Canada introduced its own version, a “Stand on Guard Doctrine”? What would need to change, and how might it affect real estate ownership?


How Canadian Law Currently Treats Defence of Property


Under the Criminal Code of Canada (s.35), a person may use reasonable force to prevent someone from entering or trespassing on their property. However:

  • Deadly force cannot be used solely to protect property. It is only permitted when there is a direct threat to life or safety. 
  • Courts look closely at proportionality. For example, striking a trespasser may be lawful; shooting a trespasser who poses no threat to life would almost certainly not be.
  • There is no formal “duty to retreat,” but whether a homeowner could have safely left is a factor courts consider.

From a real estate law perspective, this means that property rights are not absolute. Ownership gives you the right to exclude others, but not to use unlimited force to do so.

For more information on what a homeowner must do before using force in Canada check out this blog. 


What a “Stand on Guard Doctrine” Would Look Like


If Canada adopted a Stand on Guard Doctrine, the legal landscape for real estate owners would change significantly. Such a doctrine would:

  • Presume force is lawful when used against unlawful intruders in a home or dwelling.
  • Remove proportionality concerns within the home, treating unlawful entry itself as a sufficient trigger for defensive force.
  • Provide civil immunity, preventing intruders (or their estates) from suing property owners for damages.

This would give homeowners stronger legal tools to defend not just their families, but their real estate investment itself.


The Laws That Would Need to Change

For Canada to adopt a Stand on Guard Doctrine, Parliament would need to amend the Criminal Code:

  1. Expand s.35 (Defence of Property).
    Create a statutory presumption that force—including deadly force—is justified against intruders inside a dwelling.
  2. Adjust s.34 (Self-Defence).
    Clarify that proportionality does not apply in the same way when a homeowner is defending their residence.
  3. Add civil immunity protections.
    Enact rules preventing trespassers or their families from suing property owners in civil court for injuries sustained during an unlawful entry.
  4. Clarify scope.
    Decide whether the doctrine would apply only to private dwellings, or also to cottages, farmland, rental properties, or even commercial real estate.


Real Estate Implications

For homeowners and investors, a Stand on Guard Doctrine would:

  • Strengthen property rights, affirming the principle that one’s home is legally protected as a “castle.”
  • Impact landlord–tenant law, raising questions about whether landlords could invoke it in rental units.
  • Shift liability concerns, especially for owners of vacation homes, farmland, or rural properties where police response may be slower.

In other words, it wouldn’t just be a criminal law change—it would ripple across Canada’s real estate system

Conclusion

Canada does not currently have a castle doctrine. Any Canadian equivalent, the Stand on Guard Doctrine, would require rewriting our self-defence and property-defence laws. For now, Canadians can defend their homes, but only within the framework of reasonable, proportional force.

As real estate lawyers, we often remind clients that owning property in Canada means balancing strong property rights with equally strong legal limits. Until Parliament changes the law, Canadians should remember that while their home may feel like a castle, the law does not yet treat it that way.

Supporting GST Reform: What Proposed Changes to the New Home Rebate Could Mean for Ontario Buyers

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As housing affordability continues to dominate national headlines, one proposed federal measure could offer immediate relief for many homebuyers: a full GST rebate on newly built homes priced up to $1 million. If enacted, this would represent a major update to Canada’s long-standing Goods and Services Tax (GST) housing rebate rules under the Excise Tax Act, and could mean thousands in direct savings for Ontario buyers.

At Rabideau Law, we support this potential reform. A streamlined, expanded rebate would directly reduce closing costs and promote access to more affordable, newly built homes, especially in markets like the Greater Toronto Area, where the average cost of a new-build often disqualifies buyers from receiving the full rebate under current rules.

We also believe the Province of Ontario should follow suit. The provincial portion of the HST New Housing Rebate, which currently uses similar price thresholds, should be updated in tandem to reflect today’s pricing realities. Without provincial alignment, buyers could still face substantial closing costs even if the federal portion is modernized.

Current Law: How the GST New Housing Rebate Works

Under the Excise Tax Act, RSC 1985, c E-15, purchasers of a newly constructed or substantially renovated home may be eligible for a GST New Housing Rebate under section 254. The rebate refunds a portion of the 5% federal GST paid on the purchase of:

  • A new or substantially renovated owner-occupied home;
  • A new leasehold interest in land;
  • Or the construction/renovation of a home on land you already own.

To qualify, the home must be used as the primary place of residence by the purchaser or a close relative.

Under current law:

  • Homes priced $350,000 or less (before tax) qualify for the maximum federal rebate of 36% of the GST.
  • Homes priced between $350,000 and $450,000 are eligible for a partial rebate on a sliding scale.
  • Homes priced above $450,000 are not eligible for any federal GST rebate.

The provincial portion of the HST rebate in Ontario follows a similar structure, offering a 75% rebate of the Ontario portion of the HST (up to $24,000) but capping eligibility at $350,000 with a sliding scale up to $450,000, beyond which the provincial rebate is eliminated entirely.

How Much Could Buyers Save?

Let’s compare potential scenarios for a buyer purchasing a new-build home at $749,000:

Under Current Rules:

  • GST (5%): $37,450
  • Rebate: $0 – not eligible (over $450,000)

Under Proposed Federal Reform:

  • GST (5%): $37,450
  • Rebate: $13,482 (36%)
  • Savings: ~$13,500

If the provincial government matched this structure:

  • Ontario HST portion (8%): $59,920
  • Full 75% rebate (up to $24,000) applied to homes up to $1M
  • Buyer would receive an additional $24,000 rebate on top of the federal portion

Total savings if both levels align: potentially over $37,000 on a $749,000 purchase—an amount that could cover legal fees, land transfer tax, and closing adjustments entirely.

Why the Current Rules Are Outdated

The existing thresholds were introduced in an era when $450,000 could buy a fully detached home. In 2024, the average price of a new home in Ontario, particularly in major cities like Toronto, Kitchener-Waterloo, or Ottawa, often exceeds $800,000. Even townhouses and starter condos now fall outside the rebate range, effectively excluding the very buyers these rebates were designed to support.

Without an update, the HST system penalizes affordability: new homes come with a full 13% HST burden, while resale homes are exempt. This discourages new development and disproportionately affects first-time buyers who are looking at newly built entry-level housing.

Rabideau Law’s Position

We fully support the proposed federal reform to extend the GST New Housing Rebate to homes priced up to $1 million. It reflects a much-needed modernization of the Excise Tax Act and would bring the rebate system in line with today’s housing market.

We also call on the Province of Ontario to update the provincial rebate structure to match the proposed federal changes. Without provincial alignment, buyers will still face significant closing costs and financial uncertainty, even under a revised federal framework.

What Buyers Should Know

If these changes are adopted, buyers of homes of up to $1 million will benefit from:

  • Predictable and accessible rebates, removing the current sliding scale;
  • Lower closing costs, which can improve mortgage qualification ratios;
  • Faster financial decision-making for builders and purchasers;
  • Legal clarity, especially in pre-construction agreements.

But until changes are formally passed and proclaimed, buyers must structure agreements carefully. At Rabideau Law, we review builder contracts to ensure buyers are protected regardless of whether the rebate changes move forward.

Buying Pre-Construction? Let’s Talk Strategy

We offer:

  • Pre-construction contract review
  • HST/GST clause guidance
  • Flat-fee closing packages
  • Virtual signing across Ontario

info@rabideaulaw.ca | www.rabideaulaw.ca | 519.957.1001

Three images side-by-side, a photo of the post WWII federal housing involvement, followed but the 1960s-1980s and the 1990s pullback.

Will Build Canada Homes Be Any Different?

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The new Build Canada Homes initiative signals a return to direct federal participation—on public land, with federal coordination and financing, and through partnerships with private builders. While the details are still emerging, the core promise is bold: to double the country’s homebuilding output.

But will it work?

The answer depends on several key factors:

1. Scale and Coordination

The postwar programs worked because they were nationally coordinated and locally executed. If the new initiative fails to work seamlessly with provincial approval processes or municipal zoning, it could get bogged down—especially in Ontario, where local red tape is a known issue.

2. Speed of Delivery

In the current market, timing matters. Even if funding is secured and land is allocated, homes take years to approve and build. If the rollout is too slow, it risks missing the window where it could actually cool demand or meaningfully expand supply.

3. Market Response

There’s a risk of oversaturation in areas where public housing projects are concentrated—especially if units are not aligned with actual buyer preferences or if resale and rental conditions are constrained. The private sector must remain engaged for mixed-use and economically diverse communities to thrive.

4. Execution Consistency

Unlike CMHC programs, which spanned decades, this initiative’s long-term viability depends on political continuity. If the next government scraps or underfunds the program, it may collapse mid-build—leaving unfinished homes and stranded buyers.

Legal Insight: What Buyers Should Consider

From a legal standpoint, federally-backed housing projects may come with unique contractual frameworks, particularly around tax treatment (e.g., GST/HST exemptions), restrictions on resale, or public-private development terms. Buyers considering participation in future Build Canada Homes projects should have their agreements of purchase and sale reviewed carefully, especially where affordability covenants or rebate eligibility is involved.

At Rabideau Law, we assist clients across Ontario with all aspects of residential and pre-construction purchases, including government-incentivized housing and layered title arrangements involving public land. Our role is to ensure that buyers remain protected, informed, and contractually sound in an evolving regulatory landscape.

Final Thoughts: Will It Work This Time?

History suggests that federal intervention can work—but only under the right conditions. Where past programs succeeded, it was because they were paired with strong local coordination, clear objectives, and long-term commitment. Where they failed, it was due to poor planning, top-down policies, or a lack of community integration.

If Build Canada Homes stays focused on enabling—not replacing—the private market, and removes key obstacles like zoning and approval delays, it could ease the supply crisis. But buyers should temper expectations: this is not a quick fix, and the legal and regulatory frameworks will need careful navigation.

Need legal guidance on pre-construction or public-private housing deals?
Connect with Rabideau Law to ensure your real estate purchase aligns with today’s—and tomorrow’s—housing policy shifts.

Serving clients across Ontario | Virtual closings available info@rabideaulaw.ca | www.rabideaulaw.ca

Small conceptual home on a table with a ribbon cutting in front of it.

Build Canada Homes: What the New Federal Housing Program Means for Ontario Buyers

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Canada’s housing affordability crisis is not new, but a new national initiative, Build Canada Homes, aims to tackle it head-on. Set to launch later in 2025, the program is part of a larger federal strategy to double the country’s annual housing output to 500,000 homes per year. The government plans to act as a developer itself, building homes directly on public lands, financing affordable projects at below-market rates, and fast-tracking modular and mass-timber construction across Canada.

This represents a major departure from Canada’s traditional reliance on municipal and provincial governments, and the private sector, to build housing. Instead, the federal government is stepping back into the role of housing builder, a position it hasn’t meaningfully occupied since the postwar period.

But while the ambition is bold, the execution will be everything. There are reasons to be optimistic, and many reasons to be cautious.

Why This Program Matters

One of the most pressing issues in the Canadian housing market over the last few years has been affordable supply. For years, demand has far outstripped new construction, particularly in population-dense cities like Toronto. However, interest rate hikes have dramatically cooled price growth and substantially increased temporary supply. But this is not a long-term solution and doesn’t solve the underlying problem: too few homes, especially in the affordable segment.

Build Canada Homes attempts to address that gap directly. If successful, it could not only increase housing availability but also improve affordability for first-time buyers, renters, and low- to middle-income families. It could also help stabilize the market by providing long-term inventory growth—something the private sector alone has struggled to achieve.

Potential Benefits for Buyers

One of the clearest advantages for homebuyers is increased access. More inventory means less competition and fewer bidding wars, particularly in overheated markets like Toronto, Kitchener-Waterloo, and Ottawa. That could put downward pressure on entry-level home prices.

Additionally, the proposed GST rebate on new homes up to $1 million—if enacted—could significantly reduce upfront costs for first-time buyers. This would make new construction

a far more viable option, especially in urban areas where older resale homes often require extensive renovation.

There’s also promise in the program’s use of modular and prefabricated construction methods, which could reduce build times and improve environmental performance. These homes can often be delivered more quickly and at a lower cost than traditional builds, offering a pathway to affordability without sacrificing quality.

Legal and Practical Risks to Consider

Despite its potential, the Build Canada Homes initiative is not without significant risks—particularly for buyers who may rush into the market without understanding the fine print.

First, there’s the issue of implementation lag. While the program may be announced in 2025, large-scale development takes time. Land assembly, zoning approvals, and servicing infrastructure are complex, often jurisdictional matters. Buyers expecting immediate relief could be disappointed if projects are delayed by red tape, intergovernmental conflict, or supply chain bottlenecks.

Second, there’s a question of market distortion. Injecting billions of dollars in subsidized financing into the housing sector could unintentionally distort pricing, crowd out private builders, or shift risk onto taxpayers if government-backed developments underperform or face financial shortfalls.

Third, buyers should be cautious about contractual terms in new-build projects. Builders working under public-private partnerships may impose unusual clauses related to construction timelines, cancellation rights, or HST/GST liability. Without legal review, buyers could find themselves on the wrong side of a one-sided agreement—especially if government policy shifts mid-project.

Finally, there is the risk of political and policy volatility. Major housing initiatives often change shape—or stall entirely—depending on economic conditions or electoral cycles. Buyers making decisions based on proposed rebates or eligibility criteria should ensure flexibility in their contracts and consider legal safeguards such as subject-to-clause protections.

What Buyers Should Do Now

For Ontario buyers, Build Canada Homes could unlock new opportunities—if approached with strategic foresight. Now is the time to prepare. Understand your rights and responsibilities in pre-construction purchases. Stay informed about changes to HST treatment on new homes. And most importantly, work with a legal advisor who can guide you through the complexities of new government-backed developments.

At Rabideau Law, we help clients navigate Ontario’s real estate landscape with clarity and precision. Whether you’re planning to purchase a new-build, considering an assignment sale, or exploring whether you qualify for an HST rebate, we provide the legal insight to ensure you close with confidence.

The Build Canada Homes initiative marks a rare moment of federal re-engagement in housing development. But like any major program, it brings risks as well as opportunities. The buyers who benefit most will be those who take a clear-eyed, informed approach to the changes ahead.

519.957.1001
info@rabideaulaw.ca
www.rabideaulaw.ca
Real estate closings across Ontario. Virtual services available.

10 Year Anniversary Skating Party

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Rabideau Law is excited to announce that we will be hosting a Family Skating Party on Saturday, March 23rd, 2019 in celebration of our 10 year anniversary! This event will be held at Lions Arena located at 20 Rittenhouse Rd, Kitchener, from 12 pm to 3 pm, and is open to all family, friends, affiliates, […]

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Rabideau Law 2018 Potato Blitz

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We are proud to announce that we will be holding a Potato Blitz from February 1st-28th in support of House of Friendship. What is a Potato Blitz? Over twenty years ago, House of Friendship (HOF) Board Members decided to host a potato blitz in February to help meet the need for potatoes throughout the year in […]

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Rabideau Law’s February Potato Blitz in support of House of Friendship

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We are proud to announce that we will be holding a Potato Blitz from February 1st-28th in support of House of Friendship. What is a Potato Blitz? Over twenty years ago, House of Friendship (HOF) Board Members decided to host a potato blitz in February to help meet the need for potatoes throughout the year in […]

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Rabideau Law Food Drive 2016

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Rabideau Law’s November Food Drive in support of The Food Bank of Waterloo Region We are proud to announce that we will be holding a Food Drive from November 1st-28th in support of The Food Bank of Waterloo Region, and in the spirit of GivingTuesday. What is GivingTuesday? As stated on the GivingTuesday Waterloo Region […]

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