It is well-established in our law that “every man’s house is his castle”. When we are in our homes, we expect to be free of state intervention save and except in special circumstances. One of those special circumstances is where the police obtain authorization from a court to enter a dwelling house for the purpose of searching for evidence of a criminal offence. In such instances, however, the police are not generally permitted to enter the home by force and without notice. The approach that the police are expected to take when entering a home pursuant to a judicial authorization is set out in Eccles v. Bourque, 1974 CanLII 191 (SCC), [1975] 2 S.C.R. 739 where Dickson J. said, at p. 746: Except in exigent circumstances, the police officers must make an announcement prior to entry. There are compelling considerations for this. An unexpected intrusion of a man’s property can give rise to violent incidents. It is in the interests of the personal safety of the householder and the police as well as respect for the privacy of the individual that the law requires, prior to entrance for search or arrest, that a police officer identify himself and request admittance. This common law principle has become known as the “knock and notice” rule.[2]
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