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- Title
Analyzing the Law of Police Dynamic Entry in Canada.
- Authors
Roziere, Brendan; Walby, Kevin
- Abstract
Public police use of dynamic or "no-knock" entry is a little examined social and legal phenomenon. Conveying precedent to what was already happening in practice across Canada, R v Cornell established that police "latitude" was reasonable when deciding whether police could use dynamic or no-knock entry. This paper examines the law of police use of dynamic entry in Canada. First, the authors assess relevant research on police tactics to provide background and context. Second, analyzing case law preand post-Cornell, the authors review cases demonstrative of how police latitude operates and assess what this means for expansion of police powers. Third, the authors examine cases that reveal what these dynamic entry practices mean for police use of special weapons, equipment, and tactics, focusing on Charter breaches. In the discussion, drawing from the overlooked Cornell dissent as it concerns checks on police powers, the authors offer legal and policy remedies. The authors conclude with comments on what their findings mean for the exercise of dynamic entry in Canada.
- Subjects
CANADA; NO-knock search warrants (Law); POLICE power; LAW enforcement; SEARCHES &; seizures (Law)
- Publication
Queen's Law Journal, 2020, Vol 46, Issue 1, p39
- ISSN
0316-778X
- Publication type
Article