By the end of trial, the prosecution disclaimed reliance on such authority to found the lawful execution of police duty, preferring instead to rely upon an asserted common law power of a constable responding to a 9 -1-1 call, a distress call for help, «to enter into the residence to determine the well - being of Maryanne». (slaw.ca)
' (1) the decision to use «containment» to impose a «kettle» around the Climate Camp between 7.00 p.m. and around 11.30 p.m. on 1 April 2009, purportedly under common law powers to prevent a breach of the peace; (nextleft.org)
In Brown, Doherty J.A. highlighted the following six factors, which undermined the basis for a finding that the police had acted pursuant to their ancillary common law powers: (supremeadvocacy.ca)