The appellant was convicted at trial of obstructing and assaulting a peace officer after attempting to prevent police from entering his home during a response to a neighbour’s 9‑1‑1 call reporting a domestic disturbance.
On appeal, the court considered whether the police officer was acting in the lawful execution of his duties when he insisted on entering the residence to check on the appellant’s spouse.
Applying the principles from R. v. Godoy and related jurisprudence, the court held that warrantless entry into a private dwelling requires objectively supported grounds indicating an emergency involving imminent harm or serious danger.
The officer possessed only limited information and no objective indicators that the spouse was injured or in danger.
Because the officer was not acting lawfully when he attempted to enter the home, the appellant was entitled to use reasonable force to prevent the intrusion.
