Feeney Warrant
A Feeney warrant is an arrest warrant that specifically authorizes police to enter a dwelling-house to effect the arrest. The warrant takes its name from R v Feeney, 1997, in which the Supreme Court of Canada held that police generally cannot enter a private dwelling without a warrant to make an arrest — even where they have grounds to arrest the person inside. The decision led to a statutory framework now codified in sections 529 to 529.5 of the Criminal Code.
Mass Tsang's criminal lawyers examine the warrant and entry circumstances closely in every case where evidence was seized from a residence.
The Feeney rule
Before Feeney, common-law rules permitted police to enter a dwelling to arrest where they had reasonable grounds and announced their presence. The Supreme Court held that the practice violated section 8 of the Charter — the right against unreasonable search and seizure — because a dwelling-house attracts the highest expectation of privacy. The new rule: police need either a Feeney warrant or genuine exigent circumstances to enter a dwelling for an arrest.
Obtaining a Feeney warrant
A Feeney warrant is issued by a justice on application by a police officer who has reasonable grounds to believe (a) the person to be arrested is or will be present in a particular dwelling and (b) there are grounds to arrest the person. The warrant identifies the dwelling and the person to be arrested. The application is supported by an Information to Obtain (ITO) — a sworn affidavit setting out the grounds.
Exigent circumstances
Police can enter a dwelling without a Feeney warrant in genuine exigent circumstances under section 529.3 — typically where there is a real risk of imminent harm or the destruction of evidence. The exception is narrow and frequently litigated. Police cannot manufacture exigent circumstances or rely on conditions that would have been apparent in advance.
Charter challenges
Feeney warrant cases generate frequent Charter litigation. Common challenges include: insufficiency of the ITO grounds; warrantless entry without genuine exigent circumstances; entry into the wrong dwelling; failure to announce; and overbroad searches incident to arrest once inside. Successful challenges can lead to exclusion of evidence under section 24(2) and, occasionally, judicial stays.
Practical implications
If police come to a person's home asking to arrest someone, occupants have the right to ask whether police have a warrant. They are not obliged to consent to police entry. If police rely on consent and there is dispute about whether consent was freely given, the issue becomes a focus of any later Charter motion.
Related glossary terms
