Department of Justice

MINISTER OF JUSTICE TABLES RESPONSE TO FEENEY CASE

Anne McLellan, Minister of Justice and Attorney General of Canada, today tabled legislation in the House of Commons responding to the May 1997 Supreme Court of Canada decision in R. v. Feeney. A key objective of these amendments is to provide police across the country with the power to enter a home to arrest someone.

The proposed legislation contains amendments to the Criminal Code that would enable police to obtain a warrant from a judge to enter a private dwelling to arrest or apprehend a person. In addition, the legislation would clarify that authorization from a judge is not needed in urgent circumstances where it is not practical to obtain a warrant.

In R. v. Feeney, the Supreme Court of Canada ruled that, in order to protect the privacy rights of Canadians under the Charter, police must obtain a warrant before they enter a private dwelling to arrest or apprehend someone. The ruling caused concern among police and victims' organizations that public safety might be put at risk in certain circumstances as a consequence of the delay required to obtain a warrant to enter.

The proposed legislation gives police clear procedures they must follow before entering a private dwelling to arrest or apprehend an individual:

In keeping with the constitutional requirements identified by the Supreme Court of Canada, the Criminal Code will be amended to require that, as a general rule, peace officers obtain a warrant authorizing entry before they enter a private home to arrest or apprehend someone. The legislation provides clear and simple procedures to obtain such a warrant. It also allows police to obtain a warrant by telephone or by any other means of telecommunication. This will help police obtain warrants more easily and will be particularly useful for those working in remote locations, or when it would not be possible to both monitor a suspect and appear before a judge to apply for a warrant to enter.

The legislation will also allow police to enter a private dwelling without a warrant to arrest or apprehend in certain "exigent" or pressing circumstances. This would include situations where entry is necessary to prevent bodily harm or death or to prevent the loss or destruction of evidence.

The proposals have no effect on any existing federal or provincial statute that allows peace officers to enter private dwellings for other purposes than arrest or apprehension of a person. In addition it has no effect on the common law which permits police or other peace officers to enter a private dwelling to arrest a suspect when they are in "hot pursuit" of the suspect.

"Public safety must always be our top priority and police must continue to have the ability, within the law, to effectively respond to crime," Minister McLellan said. "This legislation strikes a reasonable balance between the powers available to police to protect our safety and the privacy rights of Canadians."

In developing the legislation, the Department of Justice consulted extensively with other federal departments and agencies as well as the police community, legal organizations and the provinces and territories. Minister McLellan has also instructed her officials to continue their consultations with provincial and territorial officials in order to assist the police in taking full advantage of the new tools available to them in this bill.

Ref:  Pierre Gratton        Michael Zigayer
      Minister's Office     Criminal Law Policy
      (613) 992-4621        (613) 957-4736