Eccles v. Bourque et al.

Eccles v. Bourque et al.

Section 25 does not itself authorize trespass; authority to enter a third party's home to arrest a fugitive must be found in the common law. The police had reasonable and probable grounds to believe the fugitive was in the appellant's apartment and, having given proper notice of presence, authority and purpose,...

Source-derived case information.

Citation
[1975] 2 SCR 739
Parties
Appellant: John Kenneth Eccles; Respondent: L. Bourque; Respondent: G.E. Simmonds; Respondent: E.J. Wise
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 October 1974
Procedural Posture
Tort (trespass) Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs
Legal Topics
Trespass, Forcible Entry, Arrest Without Warrant, Search, Reasonable and Probable Grounds, Notice of Presence/authority/purpose
Source Language
english
Property Law Criminal Law Police Powers Trespass Forcible Entry Arrest Without Warrant Search Reasonable and Probable Grounds +1 more

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Summary, issues, holding and outcome

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Parties

John Kenneth Eccles

Appellant

L. Bourque

Respondent

G.E. Simmonds

Respondent

E.J. Wise

Respondent

Procedural Posture

Tort (trespass) Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether s.25 of the Criminal Code authorizes forcible entry into a third party's home to effect an arrest
  2. 2 Whether police actions were justified on common law principles permitting entry to arrest a fugitive in another's home
  3. 3 Whether police had reasonable and probable grounds to believe the fugitive was in the premises

Ratio Decidendi

Section 25 does not itself authorize trespass; authority to enter a third party's home to arrest a fugitive must be found in the common law. The police had reasonable and probable grounds to believe the fugitive was in the appellant's apartment and, having given proper notice of presence, authority and purpose, their forcible entry and search were justified under common law; the appellant's claim for trespass therefore fails.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondents