The Law of Forcible Entry

20 Pages Posted: 10 May 2014

See all articles by W. Foster

W. Foster

Independent

Joseph Magnet

University of Ottawa - Common Law Section

Date Written: 1977

Abstract

The author considers the two contradictory interests which the law on forcible entry must try to harmonize, namely the inviolability of the citizens dwelling place as against the effective enforcement of the criminal law and civil process. He discusses the common law attitude towards forcible entry in civil and criminal matters and its view of the need for announcement prior to such entry. He also deals with developments in the United States in this area and considers the present state of the law of forcible entry in Canada in the light of the decision of the Supreme Court of Canada in Eccles v Borque [1975] 2 SCR 739

Keywords: law, forcible entry, citizens, criminal law, civil, process, common law, place, dwelling, residence, enforcement, United States, Canada, Supreme Court of Canada, Eccles v Borque

Suggested Citation

Foster, W. and Magnet, Joseph, The Law of Forcible Entry (1977). Alberta Law Review, Vol. 15, No. 271, 1977, Available at SSRN: https://ssrn.com/abstract=2435226

W. Foster

Independent ( email )

Joseph Magnet (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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