A Manitoba man has been locked in a Mexican prison since September of 2012, charged with a crime his family says was in self-defence.

Bruce Vigfusson grew up in Lundar, Manitoba and he went to Mexico to work in the mining industry.

In August of 2012, while there with his family and children, Vigfusson says his home was attacked.

"Four street thugs came up to the house and one pulled out a tire iron and one pulled out a hammer and they attacked," Vigfusson told CTV over the phone from prison in Hermosillo, Mexico.

Vigfusson and his family called the police and he fought off the attackers until they eventually fled.

Vigfusson thought it was all over until a few weeks later when he was arrested and the police charged him with the assault of one of the men Vigfusson said invaded his home.

"He was sentenced to 4.5 years for assaulting the invaders," said Vigfusson’s aunt, Vivian Jeffery.

Jeffery and other family members have been fighting to get Vigfusson out of jail.

They’ve sent e-mails to politicians and worked with the Canadian Embassy.

In an e-mail to a family member, Member of Parliament James Bezan says he's aware of the case and that Vigfusson is receiving consular services.

He goes on to write: “The Canadian government cannot interfere in the judicial process of a foreign country and although Canada will advocate strongly for the protection of Mr. Vigfusson's rights under international law, the reality is that when travelling and living abroad, Canadians are subjected to the laws of the country they are in, regardless of how unjust they may be.”

The family is frustrated as Vigfusson sits in jail.

"You wouldn't be able to imagine it. And I've seen rats coming out of the sewer," said Vigfusson.

"Bruce is not doing well. And I'm afraid of what he's going to be like when he gets out of there," said Jeffery.

An appeal is set for the end of January 2015.

Vigfusson's lawyer told CTV he hopes to free Vigfusson by then.

Arturo Eugenio Melendez Perez said the man who claims he was attacked by Vigfusson said the incident happened randomly in a park nearby, not at Vigfusson's home during a home invasion.

But Perez  said he’s obtained tapes of emergency calls to the police made from within Vigfusson's house on the night of the incident.

Perez said those tapes prove that the attack happened in self-defence.

A spokesperson for Foreign Affairs, Trade and Development said consular services are being provided to the Canadian citizen who has been detained in Mexico.

He said consular officials are in contact with local authorities.