R. v. Collier

R. v. Collier

Police entered the dwelling by tacit invitation but that invitation was validly and effectively revoked by occupants; after revocation the officers remained without statutory or common law authority and thus became trespassers not acting in the lawful execution of their duty; consequently the arrest of Kurzaj was unlawful and the subsequent arrest and charges against Collier could not stand; therefore Crown failed to prove the offences beyond a reasonable doubt.

Citation
2001 NSPC 15
Parties
Crown: Her Majesty the Queen; Defendant: Bonnie Collier; Defendant: Agnieszka Kurzaj
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 June 2001
Procedural Posture
Criminal / Trial Judgment (provincial Court Decision)
Outcome
Defendants acquitted
Legal Topics
Arrest Without Warrant, Breach of the Peace, Lawful Execution of Duty, Police Entry to Dwelling, Trespass, Domestic Violence Protocol
Source Language
English
Criminal Law Administrative Law Constitutional Law (privacy/security of the Home) Arrest Without Warrant Breach of the Peace Lawful Execution of Duty Police Entry to Dwelling Trespass +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Bonnie Collier

Defendant

Agnieszka Kurzaj

Defendant

Procedural Posture

Criminal / Trial Judgment (provincial Court Decision)

Legal Issues

  1. 1 Were the officers in the lawful execution of their duty when they entered the apartment and arrested Kurzaj?
  2. 2 Was the entry into and remaining in the private dwelling lawful or revoked by occupants?
  3. 3 Were subsequent arrests of Collier lawful given the status of the officers?

Ratio Decidendi

Police entered the dwelling by tacit invitation but that invitation was validly and effectively revoked by occupants; after revocation the officers remained without statutory or common law authority and thus became trespassers not acting in the lawful execution of their duty; consequently the arrest of Kurzaj was unlawful and the subsequent arrest and charges against Collier could not stand; therefore Crown failed to prove the offences beyond a reasonable doubt.

Court Disposition

Defendants acquitted

Orders

  • Acquittals entered for Agnieszka Kurzaj and Bonnie Collier