R. v. Thomas, [1993] 1 S.C.R. 835
Her Majesty The Queen Appellant
v.
Harriet Roberta Thomas Respondent
Indexed as: R. v. Thomas
File No.: 22703.
1993: February 26.
Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Gonthier, Cory, McLachlin and Iacobucci JJ.
on appeal from the newfoundland supreme court, appeal division
Criminal law ‑‑ Obstructing a police officer ‑‑ Police officers going to accused's house to enforce noise by‑law ‑‑ Officers invited into house by accused's guests ‑‑ Police not leaving house when requested to do so by accused ‑‑ Accused's subsequent arrest for obstructing police officer unlawful ‑‑ Police having no right to remain in accused's house following revocation of invitation.
APPEAL from a judgment of the Newfoundland Supreme Court, Appeal Division (1991), 91 Nfld. & P.E.I.R. 341, 286 A.P.R. 341, dismissing the Crown's appeal from a judgment of Riche J. (1989), 73 Nfld. & P.E.I.R. 132, 229 A.P.R. 132, dismissing the Crown's appeal from the accused's acquittal in Provincial Court on charges of obstructing a police officer, making a false statement, assaulting police officers and damaging police property. Appeal dismissed.
Colin J. Flynn, for the appellant.
Norman J. Whalen, Q.C., for the respondent.
//Lamer C.J.//
The judgment of the Court was delivered orally by
Lamer C.J. ‑‑ We agree with the Newfoundland Court of Appeal that, even if the police were authorized to go into the respondent's house, that authorization was revoked by the respondent, thereby making the subsequent arrest unlawful. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Colin J. Flynn, St. John's, Newfoundland.
Solicitors for the respondent: Martin, Whalen, Hennebury & Stamp, St. John's, Newfoundland.
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