Criminal Code

Version of section 42 from 2003-01-01 to 2013-03-10:

Marginal note:Assertion of right to house or real property
  •  (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

  • Marginal note:Assault in case of lawful entry

    (2) Where a person

    • (a) not having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.

  • Marginal note:Trespasser provoking assault

    (3) Where a person

    • (a) having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be provoked by the person who is entering.

  • R.S., c. C-34, s. 42.
Date modified: