Eccles v. Bourque et al., (1974) 3 N.R. 259 (SCC)

JudgeBeetz and de Grandpré, JJ.
CourtSupreme Court of Canada
Case DateMay 24, 1974
JurisdictionCanada (Federal)
Citations(1974), 3 N.R. 259 (SCC);[1975] 1 WWR 609;3 NR 259;[1974] CarswellBC 414;AZ-75111114;[1974] ACS no 123;1974 CanLII 191 (SCC);[1974] SCJ No 123 (QL);[1975] 2 SCR 739;19 CCC (2d) 129;50 DLR (3d) 753

Eccles v. Bourque (1974), 3 N.R. 259 (SCC)

MLB headnote and full text

Eccles v. Bourque et al.

Indexed As: Eccles v. Bourque et al.

Supreme Court of Canada

Laskin, C.J.C., Martland, Judson,

Ritchie, Spence, Pigeon, Dickson,

Beetz and de Grandpré, JJ.

October 11, 1974.

Summary:

This case arose out of a claim for damages for trespass against the defendant police officers. The defendants entered the plaintiff's apartment in search of a fugitive for whom there were outstanding warrants for arrest. The police officers stated that they were "Vancouver City Police". The plaintiff asked the policemen "what do you want?". The police replied that they had reason to believe that a wanted man had just entered the plaintiff's apartment. Without the consent of the plaintiff the police searched the apartment. The trial judge allowed the plaintiff's action and awarded the plaintiff $300.00 damages for trespass.

On appeal to the British Columbia Court of Appeal the appeal was allowed and the judgment of the trial court was set aside - see 41 D.L.R.(3d) 392.

On appeal to the Supreme Court of Canada the appeal was dismissed and the judgment of the British Columbia Court of Appeal was affirmed. The Supreme Court of Canada stated that a police officer may enter a dwelling house without the consent of the occupant if the police officer has reasonable and probable grounds to believe that a fugitive is in the house and proper announcement is made prior to the entry - see paragraphs 6 to 8.

Torts - Topic 3005

Trespass - Trespass to a dwelling house - The Supreme Court of Canada stated that a man's house "is to him as his castle and fortress, as well as his defence against injury and violence, as for his repose" - See paragraph 3.

Torts - Topic 3017

Trespass to a dwelling house by police officers - Criminal process - The defendant police officers forcibly entered and searched the plaintiff's house without a warrant - The police were searching for a fugitive - The Supreme Court of Canada dismissed the plaintiff's action for damages for trespass - The Supreme Court of Canada stated that a police officer may enter a house without the consent of the occupant if the police officer has reasonable and probably grounds to believe that a fugitive is in the house and proper announcement is made prior to entry - See paragraph 6 - The Supreme Court of Canada held that the defendant police officers acted upon reasonable and probable grounds and gave the plaintiff proper notice before forcing entry - See paragraph 8.

Cases Noticed:

Semayne's case, 5 Coke 91 a, folld. [para. 3].

Johnson v. Leigh (1815), 6 Taunt. 246, folld. [para. 7].

Morrish v. Murrey (1844), 13 M & W 52; 153 E.R. 22, folld. [para. 7].

Southam v. Smout, [1964] 1 Q.B. 308, folld. [para. 7].

Mathews v. Dwan, [1949] N.Z.L.R. 1035, refd to. [para. 7].

Davis v. Lisle, [1936] 2 K.B. 434, dist. [para. 7].

Thomas v. Sawkins, [1935] 2 K.B. 249, dist. [para. 7].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 25 [para. 3]; sect. 450(1)(a).

Counsel:

W.A.M. Stewart, for the appellant;

Allan McEachern, for the respondents.

This appeal was heard by the Supreme Court of Canada on May 24, 1974. Judgment was delivered by the Supreme Court of Canada on October 11, 1974 and the following opinions were filed:

MARTLAND, J. - see paragraph 1.

DICKSON, J. - see paragraphs 2 to 9.

RITCHIE, PIGEON, BEETZ and de GRANDPRE, JJ., concurred with MARTLAND, J.

LASKIN, C.J.C., JUDSON and SPENCE, JJ., concurred with DICKSON, J.

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314 practice notes
  • R v Hilbach, 2020 ABCA 332
    • Canada
    • Court of Appeal (Alberta)
    • September 18, 2020
    ...sentences will hopefully afford”). [40] The Queen v. Matwiy, 1996 ABCA 63, ¶ 26; 105 C.C.C. 3d 251, 263. See also Eccles v. Bourque, [1975] 2 S.C.R. 739, 742-43 (1974) (“can the trespass be justified on common law principles? For these principles we go back to vintage common law, to 1604, a......
  • R. v. Shalala (R.), [1996] N.B.R.(2d) (Supp.) No. 138 (TD)
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • December 2, 1996
    ...may be proved by way of hearsay evidence. R. v. Collins , [1987] 1 S.C.R. 265 at p. 279, 33 C.C.C.(3d) 1 at p. 15 Eccles v. Bourque , [1975] 2 S.C.R. 739 at p. 746, 19 C.C.C.(2d) 129 at p. 133 ..." [98] It is therefore not necessary concerning the hearsay adduced to prove reasonable an......
  • R. v. Liu (P.T.) et al., [2011] B.C.T.C. Uned. 1266
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 22, 2011
    ...4. Sanctity of the home [98] The basic principle of sanctity of the home was discussed in Eccles v. Borque , (1974) 2 SCR 739, 19 CCC (2d) 129; Genest ; R. v. Colet [1981] 1 SCR 2, 57 CCC (2d) 105; R. v. Landry [1986] 1 SCR 145, 26 DLR (4th) 368; R. v. Gimson (1990), 37 OAC 243, 54 CCC (3d)......
  • R. v. Feeney (M.), (1997) 91 B.C.A.C. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • June 11, 1996
    ...v. Langlois and Bédard, [1990] 1 S.C.R. 158 ; 105 N.R. 241 ; 30 Q.A.C. 241 , refd to. [para. 20]. Eccles v. Bourque et al., [1975] 2 S.C.R. 739; 3 N.R. 259 , refd to. [para. 21]. R. v. Landry, [1986] 1 S.C.R. 145 ; 65 N.R. 161 ; 14 O.A.C. 241 , refd to. [para. 21]. R. v. Storrey, [1......
  • Request a trial to view additional results
270 cases
  • R v Hilbach, 2020 ABCA 332
    • Canada
    • Court of Appeal (Alberta)
    • September 18, 2020
    ...sentences will hopefully afford”). [40] The Queen v. Matwiy, 1996 ABCA 63, ¶ 26; 105 C.C.C. 3d 251, 263. See also Eccles v. Bourque, [1975] 2 S.C.R. 739, 742-43 (1974) (“can the trespass be justified on common law principles? For these principles we go back to vintage common law, to 1604, a......
  • R. v. Shalala (R.), [1996] N.B.R.(2d) (Supp.) No. 138 (TD)
    • Canada
    • Court of Queen's Bench of New Brunswick (Canada)
    • December 2, 1996
    ...may be proved by way of hearsay evidence. R. v. Collins , [1987] 1 S.C.R. 265 at p. 279, 33 C.C.C.(3d) 1 at p. 15 Eccles v. Bourque , [1975] 2 S.C.R. 739 at p. 746, 19 C.C.C.(2d) 129 at p. 133 ..." [98] It is therefore not necessary concerning the hearsay adduced to prove reasonable an......
  • R. v. Liu (P.T.) et al., [2011] B.C.T.C. Uned. 1266
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 22, 2011
    ...4. Sanctity of the home [98] The basic principle of sanctity of the home was discussed in Eccles v. Borque , (1974) 2 SCR 739, 19 CCC (2d) 129; Genest ; R. v. Colet [1981] 1 SCR 2, 57 CCC (2d) 105; R. v. Landry [1986] 1 SCR 145, 26 DLR (4th) 368; R. v. Gimson (1990), 37 OAC 243, 54 CCC (3d)......
  • R. v. Feeney (M.), (1997) 91 B.C.A.C. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • June 11, 1996
    ...v. Langlois and Bédard, [1990] 1 S.C.R. 158 ; 105 N.R. 241 ; 30 Q.A.C. 241 , refd to. [para. 20]. Eccles v. Bourque et al., [1975] 2 S.C.R. 739; 3 N.R. 259 , refd to. [para. 21]. R. v. Landry, [1986] 1 S.C.R. 145 ; 65 N.R. 161 ; 14 O.A.C. 241 , refd to. [para. 21]. R. v. Storrey, [1......
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42 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Criminal Procedure. Fourth Edition
    • June 23, 2020
    ...585 Dupuis c R, 2016 QCCA 1930 ............................................................................444 Eccles v Bourque (1974), [1975] 2 SCR 739, 19 CCC (2d) 129, [1974] SCJ No 123............................................................................. 16, 17, 207 Edmonton Poli......
  • Unchecked power: the constitutional regulation of arrest reconsidered.
    • Canada
    • McGill Law Journal Vol. 48 No. 2, June 2003
    • June 1, 2003
    ...grounds to believe that an individual had committed an indictable offence and could be found inside. See Eccles v. Bourque (1974), [1975] 2 S.C.R. 739 at 746-47, 50 D.L.R. (3d) 753; Landry, supra note 80 at (239) Feeney, supra note 50 at 47-50. The Court expressly refrained from addressing ......
  • Nature of the Interaction Between Police and Individuals
    • Canada
    • Irwin Books Archive Detention and Arrest. Second Edition
    • June 22, 2017
    ...See R v Lyons , [1984] 2 SCR 633 [ Lyons ]; Reference re: Judicature Act (Alberta) , s. 27(1) , [1984] 2 SCR 697. 16 Eccles v Bourque , [1975] 2 SCR 739 [ Eccles ]. 17 R v Landry , [1986] 1 SCR 145 [ Landry ]. 18 R v Macooh , [1993] 2 SCR 802 [ Macooh ]. Nature of the Interaction Between Po......
  • Table of cases
    • Canada
    • Irwin Books Archive Detention and Arrest
    • September 7, 2010
    ...218 Dumbell v. Roberts, [1944] 1 All E.R. 326 (C.A.) ........................................ 217 Eccles v. Bourque (1974), [1975] 2 S.C.R. 739, 50 D.L.R. (3d) 753, [1974] S.C.J. No. 123 ................................................ 12, 26, 38, 78, 79, 138 Eldridge v. British Columbia (A......
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