SECTION 8 - HOT PURSUIT

RCMP responded to a 911 call about an impaired driver in a parking lot in Lorette. When officers arrived the suspect, Mr. Knelsen, had locked himself in his semi-trailer and climbed into the sleeper portion. He was convicted at trial and appealed that conviction.  The appeal Court reviewed the Supreme Court of Canada's definition of "hot pursuit":  "Generally, the essence of fresh pursuit is that it must be continuous pursuit conducted with reasonable diligence, so that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction."  The Court then reviewed the facts in Mr. Knelsen's case: "In this case, the police arrival at the scene was precipitated by a 911 call from Mr. Hrynchuk reporting an offence.  The civilians unsuccessfully tried to retrieve Mr. Knelsen’s keys and he locked himself in the semi.  The trial judge found that the civilians had detained Mr. Knelsen and, based on the evidence, I see no error in this finding.  The police arrived at the scene very shortly thereafter thereby taking up pursuit.  After receiving information from civilians, observing the scene and talking to Mr. Knelsen, they told him he was under arrest and tried to convince him to leave the vehicle.  He refused, and not long thereafter they entered the semi. This was a continuous pursuit and the events were sufficiently proximate to form a single transaction." R. v. Knelsen, 2012 MBQB 242