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Old February 2nd, 2011, 23:33   #88
mcguyver's Avatar
Join Date: Aug 2005
Location: Northern Alberta
Originally Posted by multitech View Post
Can you quote me the articles in the law that allow that, or can you quote current police practice to do this? Or is this your own opinion on how the police react to these calls?
I wish this was just an opinion. The use and challenges to this are unknown to me at this time. We will see.

From Bill C-6 passed last year:

21. (1) If the place mentioned in subsection 20(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the person who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

(a) the dwelling-house is a place described in subsection 20(1);

(b) entry to the dwelling-house is necessary for the purposes referred to in subsection 20(1); and

(c) entry to the dwelling-house was refused or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

Use of force

(3) In executing a warrant issued under subsection (2), the inspector may not use force unless they are accompanied by a peace officer and the use of force is authorized in the warrant.


(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

However, some of the items in schedule 1 are interesting.

11. Firearms within the meaning of section 2 of the Criminal Code.
12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
I looked through the revision done in the Senate, and they removed the use of force component of the Bill.

Here's the updated link, it was harder to find as it was relabelled Bill-C36:
Age verifier Northern Alberta

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Last edited by mcguyver; February 2nd, 2011 at 23:51..
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