Does a summary conviction offence preclude warrantless arrests in private dwellings?

British Columbia, Canada


The following excerpt is from R. v. K.(J.), 2002 BCPC 160 (CanLII):

Does the fact that this was a summary conviction offence preclude common law exceptions to the general rule that prohibits warrantless arrests in private dwellings? Expectations of privacy vary with the context. A person is entitled to an extremely high degree of privacy of his or her bodily integrity or residence and a much lesser degree of privacy to a vehicle in which he or she is a passenger or to an apartment at which he or she is a visitor. See Schreiber v. Canada (Attorney General), 1998 CanLII 828 (SCC), [1998] S.C.J. 42, at paras. 19-20, (S.C.C.), Lamer C.J.C. "In my view," said the Chief Justice, in Schreiber, at para. 21, "Linden J.A. was correct in holding that the seriousness of the crime being investigated, as between different Criminal Code offences, does not in itself affect the expectation of privacy of the person being investigated."

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