39. Eccles v. Bourque, supra, establishes that a peace officer has authority at common law to enter private premises to effect an arrest without warrant pursuant to s. 450(1)(a) of the Criminal Code if he has reasonable and probable grounds to believe that an indictable offence has been committed or is about to be committed, and if two further criteria are met. First, the peace officer must have reasonable and probable grounds to believe that the person sought is on the private premises, and secondly, he must make a proper announcement of his presence and purpose before entering. The disposition of this appeal is governed by those criteria, and I would accordingly agree with the Chief Justice that the appeal should be allowed. The following are the reasons delivered by
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