Scott T. Milloy

The respondent was charged with assaulting a peace officer in the execution of his duty after an altercation occurred when a police officer entered an apartment without a warrant to arrest him for attempted car theft.

The trial judge directed a verdict of acquittal, finding the arrest unlawful, which was upheld by the Court of Appeal.

The Supreme Court of Canada allowed the appeal, holding that a police officer may make an arrest on private premises without a warrant if the criteria of the Criminal Code and the common law standards enunciated in Eccles v. Bourque are met.

The appellant was arrested for possession of cannabis resin for the purpose of trafficking.

After declining to give a statement to the police, he was placed in a cell.

An undercover police officer, posing as a truck driver detained for a traffic violation, was placed in the same cell.

The appellant made incriminating statements to the undercover officer.

The trial judge excluded the confession, finding the officer was a person in authority and the statement was improperly elicited.

The Court of Appeal ordered a new trial.

The Supreme Court of Canada dismissed the appeal, holding that the test for a 'person in authority' is subjective.

Since the appellant did not believe the undercover officer was a person in authority, the confession rule did not apply, and the statement was admissible.