Canada (1999), Supreme Court

Canada (1999), Supreme Court

R. v. Godoy
[1999] 1 S.C.R. 311

Police officers responded to a call made from the defendant’s home, whereupon they forced their way into the premises and arrested the defendant who had been beating his wife. Initially, it was held that the arrest was illegal, since the officer’s presence on the private property was unauthorized. However, the Supreme Court held that the duty of the police to respond to emergency calls justified such an intrusion.

“The police duty to protect life is engaged whenever it can be inferred that the 911 caller is or may be in some distress, including cases where the call is disconnected before the nature of the emergency can be determined. The importance of the police duty to protect life warrants and justifies a forced entry into a dwelling in order to ascertain the health and safety of a 911 caller. This interference is authorized at common law as it falls within the scope of the police duty to protect life and safety.” (Quoted form Original Judgment)

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