R. v. Thomas, 1993 CanLII 117 (SCC), [1993] 1 SCR 835

Her Majesty The Queen Appellant

v.

Harriet Roberta Thomas Respondent

Indexed as: R. v. Thomas

File No.: 22703.

1993: February 26.

Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the newfoundland supreme court, appeal division

Criminal law ‑‑ Obstructing a police officer ‑‑ Police officers going to accused's house to enforce noise by‑law ‑‑ Officers invited into house by accused's guests ‑‑ Police not leaving house when requested to do so by accused ‑‑ Accused's subsequent arrest for obstructing police officer unlawful ‑‑ Police having no right to remain in accused's house following revocation of invitation.

APPEAL from a judgment of the Newfoundland Supreme Court, Appeal Division (1991), 1991 CanLII 6850 (NL CA), 91 Nfld. & P.E.I.R. 341, 286 A.P.R. 341, dismissing the Crown's appeal from a judgment of Riche J. (1989), 1989 CanLII 4849 (NL SC), 73 Nfld. & P.E.I.R. 132, 229 A.P.R. 132, dismissing the Crown's appeal from the accused's acquittal in Provincial Court on charges of obstructing a police officer, making a false statement, assaulting police officers and damaging police property. Appeal dismissed.

Colin J. Flynn, for the appellant.

Norman J. Whalen, Q.C., for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ We agree with the Newfoundland Court of Appeal that, even if the police were authorized to go into the respondent's house, that authorization was revoked by the respondent, thereby making the subsequent arrest unlawful. Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: Colin J. Flynn, St. John's, Newfoundland.

Solicitors for the respondent: Martin, Whalen, Hennebury & Stamp, St. John's, Newfoundland.