RCMP officers had no legal authority to enter man's home, make arrest: B.C. court
A B.C. man has been found not guilty of assaulting two RCMP officers – with the court finding he was resisting an "unlawful entry and arrest" in his home before he was tasered, taken down and hauled away in handcuffs.
The decision in the case was handed down in provincial court on April 3 and posted online Thursday.
"This case raises a number of issues related to the lawfulness of arrest of a person in a dwelling house," Judge Harbans Dhillon wrote.
The court heard that Gerald Gladue was charged with assaulting Const. Hutchins and Const. Craig Abraham in his Burnaby basement suite in August of 2021. There was no dispute that Gladue resisted the arrest, in part, by biting an officer's thumb while police were attempting to cuff him.
"Police sustained minor but painful injuries, and Mr. Gladue sustained two episodes of electric shock incapacitation and blows to his body on being subdued for purposes of arrest," the decision says.
The judge explained that to convict someone of assaulting a peace officer, the Crown must prove that "at the time of the alleged assault, that peace officer was in the execution of his or her duty."
Gladue's lawyer argued that this could not be proven in this case.
"The defence position is that police officers were not acting in the lawful execution of their duties when they entered the residence without a warrant, and the accused was entitled to resist in the manner in which he did," the decision says.
"The law is well settled that a police officer unlawfully on premises is not acting in the course of their duty and a person lawfully in possession may resist the trespass," the judge also explained.
The court heard that on the day of the alleged assault, officers were responding to a report of uttering threats. Gladue was the suspect, accused of having threatened his roommate who police found outside, sitting on the curb "several hundred feet away" from the home when they arrived on the scene.
After speaking with the alleged victim, police approached the home where they found a man who was in his underwear, according to the decision.
"Mr. Gladue left the door of his residence open, with police standing at the threshold. Police did not seek Mr. Gladue’s consent to enter and Mr. Gladue did not expressly and voluntarily invite the police into the unit," it continues.
The judge noted that not only did the police not have Gladue's permission, they also did not have a warrant.
"The prohibition against a warrantless entry into a dwelling house to arrest a person in their home protects the liberty, privacy and security interests of residents to be secure in their homes against state intrusion," the court heard.
Police can – in certain cases – enter people's homes with neither a warrant nor permission.
However, those circumstances were not present in this case. There was no imminent risk to anyone's safety – including the officers', no concern that Gladue would attempt to destroy evidence, and no "hot pursuit" into the home. In addition, the judge rejected the Crown's argument that Gladue's roommate gave or was in a position to give the legally required permission.
"The officers in this case engaged in an unlawful, warrantless entry into a dwelling house in which Mr. Gladue was present and the entry was for the purpose of arresting him. Mr. Gladue resisted the unlawful entry and arrest. In the result, the Crown has failed to prove an essential element of the offence of assaulting a peace officer in the execution of his duty," the judge concluded.
"I find Mr. Gladue not guilty."
The decision also says that while Gladue was charged with uttering threats, those charges were stayed.
CTVNews.ca Top Stories
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Air France flight from Paris to Seattle lands in Iqaluit after heat smell in cabin
A plane travelling from Paris to Seattle was forced to make an emergency landing in Iqaluit after there was a heat smell in the cabin during the flight.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
RCMP not investigating possible foreign interference cases related to Chiu, Dong: Duheme
Canada's federal police force is not investigating any possible instances of foreign interference in the cases of former Conservative MP Kenny Chiu and Liberal-turned-Independent MP Han Dong, RCMP Commissioner Mike Duheme says.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.