What is the test for compliance with the notice of purpose requirement?

Ontario, Canada


The following excerpt is from R. v. Anderson, 1996 CanLII 8301 (ON SC):

62 Compliance with the notice of purpose requirement envisions the government agents stating a lawful reason for entry: Eccles v. Bourque et al., supra at 134. In the modern era, this requires something more than the traditional “Open in the name of the King”. In Re Curtis (1756), 168 E.R. 67 nine of the eleven judges stated at 68: It is sufficient that the party hath notice, that the officer cometh not as a mere trespasser, but claiming to act under a proper authority: and if, after this notice, he be resisted, and he or any of his assistants killed in consequence of such resistance, it will be murder; provided it cometh out in evidence that the officer had a legal warrant. The person making such resistance, after such notice, doth it at his own peril. (emphasis added)

Other Questions


What is the standard of proof required to prove compliance with the provisions of the Criminal Code Act? (Ontario, Canada)
What is the period of reasonable notice required in a civil servant case? (Ontario, Canada)
Does a religious institution have to be assessed for purposes of assessment purposes? (Ontario, Canada)
What is reasonable notice for the purpose of terminating the employment of a domestic servant? (Ontario, Canada)
Is a personal injury insurer required to pay a plaintiff's legal fees and costs for the purposes of their insurance policy? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
What is the test for requiring disclosure on a motion without notice? (Ontario, Canada)
What is the test for including gifts in the calculation of income for the purposes of the purpose of the gifts? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Can a notice to the medical profession allege purposeful obstruction of access and failure to support the ongoing parent-child relationship? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.