Sentences with phrase «dwelling as an intruder»
Justice LeBel affirmed in MacDonald, at para. 26, that where the conduct of the police goes beyond that which is permitted by the implied license to knock, the conditions of that licence have been breached and the person carrying out the unauthorized activity approaches the dwelling as an intruder.
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On the other hand, where the intruder may pose a danger to the inhabitants of a dwelling, the privilege of using such a device to repel has been recognized by most authorities, and the mere setting thereof in the dwelling has not been held to create liability for an injury as a matter of law.