OFM - 14(9)

PART V - Subsection 14.(9)

PART V
FPPA Opinions & Applications

Subsection 14.(9) Use of Force

SUBSECTION 14.(9)

"A person authorized by a warrant issued under Subsection (6) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing."
 

INTENT:

Where it is necessary to seek a warrant to gain entry (i.e. where entry has not only been denied, but obstructed), it still may be necessary to use force to make entry. In this case, the police may be used as they have training in this exercise.
 

APPLICATION:

 

Q1:

What is meant by "using force"?
 

A1:

Force can be an effort as minimal as entry on property and exercising the powers when the occupant refuses verbally. At a maximum, it may include breaking down a barrier, or even removing the occupant. This does not mean that physical force is permitted to the extent of possibly harming the occupant. To ensure this is done properly, it must be done only by police officers who have appropriate training in this area.