Court File and Parties

CITATION: R. v. Desrochers, 2008 ONCA 255

DATE: 20080407

DOCKET: C47130

COURT OF APPEAL FOR ONTARIO

DOHERTY, MOLDAVER and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

DAVID DESROCHERS Appellant

Counsel: James Foord for the appellant Brian McNeely for the respondent

Heard: April 4, 2008

On appeal from the decision of Justice C. McKinnon of the Superior Court of Justice dated April 20, 2007.

APPEAL BOOK ENDORSEMENT

[1] The trial judge accepted the officer’s evidence that he went to the door to speak with the appellant in connection with the accident that he had been involved in a short time earlier. Unlike Evans, the officer did not go to the door under a pretext and with the intention of conducting an unlawful search of the home. The implied invitation doctrine applies to this case and renders the police conduct in approaching the house and knocking on the door lawful.

[2] The contention that the officer’s entry into the house violated s. 8 of the Charter cannot succeed in the face of the trial judge’s finding that the officer stepped into the foyer at the entrance to the home on the implied invitation of Mrs. Desrochers. That finding was open on the evidence.

[3] The appeal is dismissed.