Legal Question in Criminal Law in Canada

Re: Criminal Law - Assault

The Criminal Code of Canada speaks to this issue, but it has long been the law every where that a trespasser may be forcibly removed as long the force is not excessive:

Defence of house or real property

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

Assault by trespasser

(2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation. R.S., c. C-34, s. 41.