What is the test for determining whether an emergency is an emergency and, if so, what are the relevant questions?
British Columbia, Canada
The following excerpt is from R. v. Wilson, 2003 BCPC 56 (CanLII):
The five questions set out in the case of Regina v. Perka 1984 CanLII 23 (SCC), [1984] 2 S.C.R. 232 provide a useful guideline in determining this issue: (1) Was the emergency a real one? (2) Did it constitute an immediate threat of the harm purportedly feared? (3) Was the response proportionate? (4) In comparing this response to the danger that motivated it, was the danger one that society would reasonably expect the average person to withstand? (5) Was there any reasonable legal alternative to the illegal response open to the accused?
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