Legal Issues In Policing
Legal Issues in Policing (LIIP) is the podcast blending the demands of the book with the rulings from the bench through the lens of the badge. Police Officers with a solid understanding of the law and their legal powers are more confident, competent and effective. Each episode will examine a legal issue in policing by reviewing current Canadian criminal case law from coast to coast to coast.
Legal Issues In Policing
E143| Does a “NO TRESPASSING” sign vitiate implied licence?
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In this episode, Mike discusses implied licence and the impact of a "NO TRESPASSING" sign. Does the posting of such a sign neuter the implied licence doctrine or does it merely state what the law already recognizes: a person entering onto another's property must have a legitimate reason for doing so? Doesn't implied licence provide members of the public, including police officers, the right to enter private property on legitimate business so long as they do not otherwise exceed the scope of the doctrine? What effect, if any, would a "NO TRESPASSING" sign — standing alone — have on this longstanding common law invitation to knock? Listen as Mike tries to make his case.
Cases referenced:
- R. v. Evans, [1996] 1 SCR 8
- R. v. Singer, 2026 SCC 6
- R. v. Skerratt, 2003 BCPC 456
- Larkin v. Bourque, 2026 NSSC 75
- Entick v. Carrington (1765), 2 Wils. K.B. 275
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