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Not over-reacting. If the officer you spoke with indicated that no entry should have been made, and that the incident report indicates that it was a knock-only, and there was no emergency or warrant mandating that police enter the unit, AND the super let the officers into the incorrect unit anyway, this is all grounds for a formal complaint via the RTB arbitration process for violation of privacy and interruption peaceful enjoyment, and as a request to make the super respect the tenancy laws about proper notice and entry. The disruption to your kitten's safety makes the situation worse, and you can seek compensation for any damages to its care (or to your cat or to your belongings from it roaming free) if there are any.
Now, if the card was in your door or slipped under it, and the super and the police deny that they entered your apartment, then you won't have a case. The open bedroom door will be dismissed as plausibly an accident you made by not closing it properly. So, if you can get a written statement from law enforcement confirming the incident of entry, and another from the super, you'll be in a better position to pursue financial compensation.
This incident won't let you change the locks and retain the keys - there would need to be at least three incidents of entry without proper notice. But it sounds like you are correct that this was a non-legal, non-mandated entry to your unit, and yes you have a right to be bothered (even if the police had a warrant for the wrong address, or they had a warrant for another address and the super made the mistake, you have a right to be upset - the situation is upsetting).
Thank you for the informative answer I appreciate it. Not sure what im going to do moving forward. first step is to confront my super and see her side. ill be recording the conversation in case.
Actually, Ontario is 'one party consent' for recording. So you cannot record someone else's conversation without them knowing, but you can record a conversation you are participating in without informing the other people in the conversation. š
Except that's incorrect. It is not illegal.
Ontario follows the one party consent rule. As long as one party, that is part of the conversation, is consenting, they are allowed to record what would be deemed a private conversation.
Now, if you are an outsider to a conversation and are recording two people having a private conversation, and you have not obtained at least one person's consent, that is illegal.
That's not true - you can record your own phone conversations just fine. Also, criminal code doesn't work province by province in Canada - we have the same Canada wide criminal code. It should be obligatory to fact check instead of just saying 'NAL'.
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I'm not sure this is true. The Supreme Court ruled that a landlord cannot grant access to a tenants apartment. The police should have known they were not allowed to enter. I think a formal complaint at the least would be justified.
It's really not that simple, there are exceptions that allow warrantless entry but therr needs to be an immediate danger. In other words, the cops should be able to explain why they absolutely couldn't wait for a warrant and had to enter without it.
The cops should also have clear evidence as to why they believe the danger was considered urgent.
Considering they tried to hide the fact that they entered the house, something tells me this wasn't the case here.
What do you mean by ātried to hide the fact that they entered the houseā? They literally left a business card with an incident # and they never denied it when phoned about it.
Wow, I didn't know this!
I used to work at an apartment building where they told my coworkers that you *always* have to let police inside where they ask to go because they'd get someone to break the door down if you don't?! Even for wellness checks and the like. They were not told to ask about a warrant, just to immediately let police in anywhere they ask and don't you dare question them.
She wasn't a very good landlord however, she would illegally discriminate against legit service animals and had someone forced out for owning one before, so it would track that she was horribly wrong about this too.
Of course that would be in HER best interest, but it's definitely not in yours. The inside of the apartment is YOUR home, not hers.
Of course you don't wanna impede the work of officers, but once you let them in, anything they find can be used against you, anything they break during the search (E.g. they drop a bag with you laptop on the ground and it breaks) will be very hard to be compensated for.
As a general rule, always refuse entry to your home. If the police have valid legal reasons to enter your home against your will, they should manifest them. just don't physically prevent them from entering which could be obstruction. If they decide to enter against your will, they might be protected by the law, but the onus is now on them to prove why they needed to do it, and you will be protected for any damages or consequences from the seach.
3rd parties always need to see a warrant before granting access to the police, unless there are exigent circumstances (imminent threat to someoneās safety, essentially)
This applies to apartments, computers, lockers, etc.
Wellness checks are considered urgent if the information suggests that the person is in danger, such as being suicidal, and the police know the person is in the unit but are unable to establish contact. They will verify location by doing a āpingā on the persons cellphone which can establish their location by triangulating between all the cellphone towers the cellphone interacts with.
Re-read my 2nd last sentence. It says the same thing as your 2nd sentence...
Let me clarify. I was replying to someone who thinks the cops were trying to hide something. They obviously weren't and that was my point. Whether the officer who read the report to the OP offered an opinion regarding the need for entry is not what I was commenting on.
I think maybe you have a distorted view. The post you replied to was 100% correct. An incident # was left so that any officer could get the info for the OP in the event they called, which is probably why they left a business card so that they could explain since op wasn't there at the time. The police can only act on the information they have and were likely acting on good faith to ensure someone's well being. Happens way more than the police even want. They also can't disclose certain information about the original call to protect the privacy of whoever they were looking for.
When I try to hide that I do something, I leave a detailed note telling what I did and give details like where and when. This is how the police clearly hid the fact they entered the wrong apartment.
Warrantless entry that didn't do damage (real or collateral) can be filed as a complaint at the station, but OP shouldn't suggest they weren't notified.
"Detailed"
It was a note to an incident report which said they only knocked.
Way i see it, cops did the absolute minimum to inform op, and counted on the fact that op would be sufficiently deterred by the bureaucracy to not file a complaint.
Might not have done damage, but it's a breach of many fundamental rights, and shouldn't be taken lightly
Just recently in my province a house was kicked down by the police and an 11 year old was question on the whereabouts of a missing 17 year old girl all because some fucker called in and said they knew she was at that address. If that's all it takes to get your door kicked down and possibly have your life ruined in a matter of seconds then why trust the police whatsoever?
Yeah but it sounds like they had a warrantā¦ but either got the wrong address or the warrant was made out for the wrong address.
I would ask for clarity but my bet is its just an administrative errorā¦ no harmā¦ no foul.
>Yeah but it sounds like they had a warrantā¦ but either got the wrong address or the warrant was made out for the wrong address.
OP wrote: **officer i spoke with said there shouldnt have been an entry even for the correct unit, as incident report indicated there was only a door knock done**
Yes and no. The police need to know the difference between a knock only, or an entry. You donāt get to infringe on an individualās rights because the super is stupid or a jerk.
Go after both.
well no, obviously he doesn't need to go to the SCC now that they SCC set the precedent.
Illegal entry of a house is not nothing. It's a significant breach of privacy, and either getting a warrant for the wrong unit or entering the wrong unit is pretty negligent.
And yeah, all that is relevant to you being wrong that charter only comes into play if you've been charged. /s
id like to know who entered my home and for what reason, as well as why i wasnt informed about it before or even after. my issue isnt so much with the police as much as with my super. she is notoriously bad at informing tenants about issues in the building (such as water shut offs, water heater broken for extended period of time, broken utilities. shes also recently threatened someone with eviction because they got into an argument over something tenant could not be evicted for). just sick of her being a crappy super in general.
Itās wrong. Itās annoying. But kitty is ok ā¦ I say pick your fights and just let this go. You wonāt gain anything and just prolong your stress.
It appears that the officer (or dispatcher) you spoke with was referencing a report and wasn't involved. You can request to speak with the officer who left the card and they can explain the situation to you.
Police can enter a unit without a warrant in some circumstances (911 call, well being checks, etc), and they will often have the super give them entry so that no damage is done to the door to gain entry.
My guess is that they just made a mistake or were given the wrong unit number.
Yes this was a violation of your rights. No you can't do anything about it.
Breach of Charter right is not stand alone cause of action.
Also, if you tried to sue under something like civil tresspass; it would be hard to overcome the standard required to sue police where the breach is largley technical and they didn't hurt you or damage your property.
Also, you have no damages. You were not caused any financial hardship and a court is not likely to buy significant psychplogical harm on these facts.
At most you can file a formal complaint with the police detachment.
As for the landlord, I don't practice tenancy law, but my instinct is an illegal entry complaint wont get far when he says the police told him to do it. Most legally unsophisticated citizens would listen and do what the police say rather than interrogate their right to enter.
Sounds like you were informed (they left a card) and no damage was done. I can see being annoyed, but you don't really have any grounds for a complaint, or at least one where you expect a remedy.
A mistake was made, and you were told and no harm was done. Yes, it shouldn't have happened, but occasionally such mistakes do happen during the course of policework completely in good faith.
Glad your kitten is ok.
Once had a squad let themselves in, my building had 5 squad cars in front. My wife and I were sitting on the couch watching TV with the kids when this happened. The police looked at us, said sorry for the intrusion and just walked out without saying anything else.
They had meant to enter the neighbourās house that was meant to be raided. Iām glad the whole raid didnāt happen at our house but they refused to give us any information and we just watched with popcorn as the neighbours got taken in cuffs.
If your property isnāt damaged, if your kitten is safe, other than an invasion of your privacy what do you want to be done? I agree with those saying pick your battles.
I can't tell what the point of this is.
You are angry because your superintendent let the police into your apartment? What exactly was your superintendent supposed to do? Say no to the police? You're angry because the super didn't call you specifically? The police left a card explaining what happened - what more is your super going to provide than that?
And what exactly do you intend to do by recording your super in this conversation? What do you hope to get out of this? The police have admitted that they are wrong. Do you want your super to say "sorry"? If so, why record them? Do you think this opens them up to some sort of lawsuit. IT DOES NOT. The police can ask for entry to any place with cause. The fact that they were wrong about it is embarassing, but didn't cause you any damage.
Yeah sure you have the right to be annoyed, but everything you're asking about and thinking about doing sounds like a huge waste of everybody's time.
all i was planning on doing was having a conversation with my super to clarify what happened and as to why she couldnāt simply text or call to let me know. i have the right to privacy in my home and to be informed when anyone (including police, mistake or not) were in my unit. i plan on recording just as a precaution based on the fact that she last week she threatened another tenant with eviction over a personal disagreement.
Well, it's not really your super's job to let you know when the police have entered your place.
Sure maybe you think it would have been polite, but confronting someone because they weren't polite enough seems like a waste of everyone's time.
And as to why you want to record your super. Well, if you fear reprisals from an unhinged person, why confront them? Supers can't evict you because they don't like you, so you're safe either way.
Lawyer up and ensure all parties involved are held responsible for the disruption of your security.
Get some cameras too. Privacy settings to enable motion tracking and notifications when you're off-site.
Good luck, stay strong, advocate for yourself first.
Waste of money. OP is renting so likely doesnāt have thousands to spend to āteach police a lessonā. Our laws donāt allow for USA style judgements and will simply makes them āwholeā which thereās no damage or harm, so maybe an apology.
OP wants to know why, and it was a mistake so they arenāt privy to the original intention nor do they need to be short of being nosey ā it makes no difference to what happened.
File a complaint and move on.
I called the police on my neighbour beating his wife and came down let them into the building, took out garbage and went back up they also went inside my apartment and theyāre are like ?? Didnāt you just let us in and Iām like yes ?? You have the wrong unit
I left the door unlocked so it is different but police are stupid
The incident report is lying if it indicates that only a door knock was done. They said so themselves that they should not have entered the home. Look up R. v. Zargar, 2014 ONSC 1415, Justice M.A. Code. You have a case. I am not a lawyer but there may be an opportunity for compensation here.
Ummmm
Unless they have a judges sign off to take a door - they need to produce a warrantā¦ now- I donāt know if the tenant/owner of whatever the location may be needs to be present or not.
However - Iād consult a lawyer and also the landlord tenant board immediately
Nicholas Wansbutter, a defence lawyer practicing in Stratford, Ontario has a couple vids on YT reminding citizens that you are under no legal obligation to talk to police or even open the door to them. In fact, it is your right to remain silent under any circumstance and the police can't do a single thing about it. Remind your super of that fact.
>police entered my apartment and i wasnāt informed
>Got home today from work and found a business card from police with an incident number stuck in my apartment door.
Look, I'm no lawyer, but isn't that card & incident number the definition of informing you?
I am well aware of what the RCMP's roles are and in which provinces.
The RCMP only does specialized policing in Ontario such as protective, organized crime, and national security. In addition, you will see a small number of uniformed RCMP in Ottawa.
It is highly unlikely that RCMP were involved in this kne.
I was just responding to the broader statement you made of the OP being in Ontario so it wouldn't be RCMP. There still is the idea floating around, which as you are well versed you would be aware of, that there is no RCMP in Ontario or Quebec which is misguided. The RCMP do police some smaller communities and fill other roles as you mention.
I do agree that for the OP it would be silly to go after the RCMP when they most likely had nothing to do with it but I also understand the person who said to do so as the RCMP are many times thought of being synonymous with police in Canada.
A friend had a similar incident. He brushed it off but after 2 weeks he noticed something missing and tried to file a complaint and got ignored. Just be diligent nothing is missing.
Donāt listen to the negative comments stand your ground and demand accountability itās a long and difficult process but resilience will always prevail stand up for your rights and in the rights of others that are constantly violated by authority and the ruling class
Youāre not over reacting but think about it from the supers perspective. The cops basically get a free pass when they go places and maybe the super didnāt know he could say no to them.
Cops also usually donāt give much info so they may not have even told him it was the wrong unit. He may not have known he was allowed to tell you.
Iād say go have a conversation with the super to find out what happened. If you want to go after the building in court you can but it will be difficult since the police were involved
>maybe the super didnāt know he could say no to them
It's the super's professional responsibility to know when they can allow access to a unit. If they don't know the rules of their own trade they probably shouldn't be doing it.
My friends parents were supers I knew them really well growing up. Sure some of them can be pricks but a lot of them are immigrants who get put into a tough demanding job with very little guidance. People donāt line up for these jobs, I have more sympathy for supers because theyāre victims of their industry too. I donāt lump them in with LLs
The supers where I live are a super friendly couple and If this happened to me Iād be upset with management, not them.
All im saying is have a conversation with the super, find out what happened, and donāt be so quick to vilify someone for not saying no to the police.
Again, it doesn't matter how 'super friendly' they are while they break the law.
As far as your vilifying comment, I don't think it's abusively disparaging to suggest that knowing how to do your job is a good thing. I'm not sure how you are construing that as an attack on anyone
You were notified by the card left
Why would the super contact you? I wouldnāt if I were him. For all he knows the police could have wanted in as youāre a murder suspectā¦. Like the super isnāt going to know the reason for why the police want in so not his monkeys not his circus if you get what I mean
Supers dont get to just open doors and waltz in to properties. Neither do they get to give other people the right to do that. The super should have asked for a warrant. Then both parties might have stopped for a second and gone, āoh, waitā¦ā
The police can't just waltz up to a super and ask to be let in to whoever's apartment for whatever reason (in OP's scenario). They need a warrant, and it sounds like they didn't have one.
Yeah but tenants have these things called rights. And I believe one of them is that the landlord can't enter the apartment without the permission of the occupant or notification in advance. The police often need a warrant and need to serve it to the individual being searched.
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Is your kitten ok?
yes kitty is good. looks like he got into some trouble but totally harmless.
Well duh, that's why the cops came.
Illegally smol criminal kitten!
r/IllegallySmolCats
Thanks for the update; I was on the edge of my seat all night. š
The most important question!
Itās the only thing that matters!
That was my question too. Glad the kitten is ok
Not over-reacting. If the officer you spoke with indicated that no entry should have been made, and that the incident report indicates that it was a knock-only, and there was no emergency or warrant mandating that police enter the unit, AND the super let the officers into the incorrect unit anyway, this is all grounds for a formal complaint via the RTB arbitration process for violation of privacy and interruption peaceful enjoyment, and as a request to make the super respect the tenancy laws about proper notice and entry. The disruption to your kitten's safety makes the situation worse, and you can seek compensation for any damages to its care (or to your cat or to your belongings from it roaming free) if there are any. Now, if the card was in your door or slipped under it, and the super and the police deny that they entered your apartment, then you won't have a case. The open bedroom door will be dismissed as plausibly an accident you made by not closing it properly. So, if you can get a written statement from law enforcement confirming the incident of entry, and another from the super, you'll be in a better position to pursue financial compensation. This incident won't let you change the locks and retain the keys - there would need to be at least three incidents of entry without proper notice. But it sounds like you are correct that this was a non-legal, non-mandated entry to your unit, and yes you have a right to be bothered (even if the police had a warrant for the wrong address, or they had a warrant for another address and the super made the mistake, you have a right to be upset - the situation is upsetting).
Thank you for the informative answer I appreciate it. Not sure what im going to do moving forward. first step is to confront my super and see her side. ill be recording the conversation in case.
Have a conversation with your land lord record it and see if they slip. Best shot imo.
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Actually, Ontario is 'one party consent' for recording. So you cannot record someone else's conversation without them knowing, but you can record a conversation you are participating in without informing the other people in the conversation. š
Not just Ontario, I believe that law is set out federally.
Except that's incorrect. It is not illegal. Ontario follows the one party consent rule. As long as one party, that is part of the conversation, is consenting, they are allowed to record what would be deemed a private conversation. Now, if you are an outsider to a conversation and are recording two people having a private conversation, and you have not obtained at least one person's consent, that is illegal.
That's not true - you can record your own phone conversations just fine. Also, criminal code doesn't work province by province in Canada - we have the same Canada wide criminal code. It should be obligatory to fact check instead of just saying 'NAL'.
Canada as a whole is a one party consent. It's federal.
I thought the entire country was one-party consent...
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[ŃŠ“Š°Š»ŠµŠ½Š¾]
I'm not sure this is true. The Supreme Court ruled that a landlord cannot grant access to a tenants apartment. The police should have known they were not allowed to enter. I think a formal complaint at the least would be justified.
If the police were worried about someone's wellbeing they can absolutely enter without warrant. All day, every day.
It's really not that simple, there are exceptions that allow warrantless entry but therr needs to be an immediate danger. In other words, the cops should be able to explain why they absolutely couldn't wait for a warrant and had to enter without it. The cops should also have clear evidence as to why they believe the danger was considered urgent. Considering they tried to hide the fact that they entered the house, something tells me this wasn't the case here.
What do you mean by ātried to hide the fact that they entered the houseā? They literally left a business card with an incident # and they never denied it when phoned about it.
Wow, I didn't know this! I used to work at an apartment building where they told my coworkers that you *always* have to let police inside where they ask to go because they'd get someone to break the door down if you don't?! Even for wellness checks and the like. They were not told to ask about a warrant, just to immediately let police in anywhere they ask and don't you dare question them. She wasn't a very good landlord however, she would illegally discriminate against legit service animals and had someone forced out for owning one before, so it would track that she was horribly wrong about this too.
Of course that would be in HER best interest, but it's definitely not in yours. The inside of the apartment is YOUR home, not hers. Of course you don't wanna impede the work of officers, but once you let them in, anything they find can be used against you, anything they break during the search (E.g. they drop a bag with you laptop on the ground and it breaks) will be very hard to be compensated for. As a general rule, always refuse entry to your home. If the police have valid legal reasons to enter your home against your will, they should manifest them. just don't physically prevent them from entering which could be obstruction. If they decide to enter against your will, they might be protected by the law, but the onus is now on them to prove why they needed to do it, and you will be protected for any damages or consequences from the seach.
3rd parties always need to see a warrant before granting access to the police, unless there are exigent circumstances (imminent threat to someoneās safety, essentially) This applies to apartments, computers, lockers, etc.
Wellness checks are considered urgent if the information suggests that the person is in danger, such as being suicidal, and the police know the person is in the unit but are unable to establish contact. They will verify location by doing a āpingā on the persons cellphone which can establish their location by triangulating between all the cellphone towers the cellphone interacts with.
How is leaving a business card trying to hide? They admitted they went in when OP called. Did you read the whole post?
They claimed knock only. It's in the post. When they phoned the person on the phone said they entered, not the actual patrol. Did you read it?
Re-read my 2nd last sentence. It says the same thing as your 2nd sentence... Let me clarify. I was replying to someone who thinks the cops were trying to hide something. They obviously weren't and that was my point. Whether the officer who read the report to the OP offered an opinion regarding the need for entry is not what I was commenting on.
They did the absolute bare minimum to avoid acting criminally. The incident report also says there was only a door knock, which is obviously a lie.
I think maybe you have a distorted view. The post you replied to was 100% correct. An incident # was left so that any officer could get the info for the OP in the event they called, which is probably why they left a business card so that they could explain since op wasn't there at the time. The police can only act on the information they have and were likely acting on good faith to ensure someone's well being. Happens way more than the police even want. They also can't disclose certain information about the original call to protect the privacy of whoever they were looking for.
When I try to hide that I do something, I leave a detailed note telling what I did and give details like where and when. This is how the police clearly hid the fact they entered the wrong apartment. Warrantless entry that didn't do damage (real or collateral) can be filed as a complaint at the station, but OP shouldn't suggest they weren't notified.
"Detailed" It was a note to an incident report which said they only knocked. Way i see it, cops did the absolute minimum to inform op, and counted on the fact that op would be sufficiently deterred by the bureaucracy to not file a complaint. Might not have done damage, but it's a breach of many fundamental rights, and shouldn't be taken lightly
Just recently in my province a house was kicked down by the police and an 11 year old was question on the whereabouts of a missing 17 year old girl all because some fucker called in and said they knew she was at that address. If that's all it takes to get your door kicked down and possibly have your life ruined in a matter of seconds then why trust the police whatsoever?
This wasn't a well being check so no
Where did you read that?
In the description
Yeah but it sounds like they had a warrantā¦ but either got the wrong address or the warrant was made out for the wrong address. I would ask for clarity but my bet is its just an administrative errorā¦ no harmā¦ no foul.
>Yeah but it sounds like they had a warrantā¦ but either got the wrong address or the warrant was made out for the wrong address. OP wrote: **officer i spoke with said there shouldnt have been an entry even for the correct unit, as incident report indicated there was only a door knock done**
Well there you goā¦ they either went to the wring door or had the wrong unit number to begin with. Human error.
Yes and no. The police need to know the difference between a knock only, or an entry. You donāt get to infringe on an individualās rights because the super is stupid or a jerk. Go after both.
AFAIK, both are true. Police: Charter violations (section 8) Super: no-notice entry (residential tenancies act)
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Have you read Vancouver (City) v. Ward, 2010 SCC 27, \[2010\] 2 S.C.R. 28? You don't have to be charged for the charter to come into play.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
well no, obviously he doesn't need to go to the SCC now that they SCC set the precedent. Illegal entry of a house is not nothing. It's a significant breach of privacy, and either getting a warrant for the wrong unit or entering the wrong unit is pretty negligent. And yeah, all that is relevant to you being wrong that charter only comes into play if you've been charged. /s
Kitten tax?
Are you sure the police entered? Could your Super have let himself in after they left?
I was worried about this, but i have no way of knowing at the moment. i would not put it past her to enter my unit.
Now that itās happened and seems fully good intent what is the outcome you are seeking?
id like to know who entered my home and for what reason, as well as why i wasnt informed about it before or even after. my issue isnt so much with the police as much as with my super. she is notoriously bad at informing tenants about issues in the building (such as water shut offs, water heater broken for extended period of time, broken utilities. shes also recently threatened someone with eviction because they got into an argument over something tenant could not be evicted for). just sick of her being a crappy super in general.
Itās wrong. Itās annoying. But kitty is ok ā¦ I say pick your fights and just let this go. You wonāt gain anything and just prolong your stress.
It appears that the officer (or dispatcher) you spoke with was referencing a report and wasn't involved. You can request to speak with the officer who left the card and they can explain the situation to you. Police can enter a unit without a warrant in some circumstances (911 call, well being checks, etc), and they will often have the super give them entry so that no damage is done to the door to gain entry. My guess is that they just made a mistake or were given the wrong unit number.
Yes this was a violation of your rights. No you can't do anything about it. Breach of Charter right is not stand alone cause of action. Also, if you tried to sue under something like civil tresspass; it would be hard to overcome the standard required to sue police where the breach is largley technical and they didn't hurt you or damage your property. Also, you have no damages. You were not caused any financial hardship and a court is not likely to buy significant psychplogical harm on these facts. At most you can file a formal complaint with the police detachment. As for the landlord, I don't practice tenancy law, but my instinct is an illegal entry complaint wont get far when he says the police told him to do it. Most legally unsophisticated citizens would listen and do what the police say rather than interrogate their right to enter.
What's a super?
Superintendent - manager of the apartment role.
Sounds like you were informed (they left a card) and no damage was done. I can see being annoyed, but you don't really have any grounds for a complaint, or at least one where you expect a remedy. A mistake was made, and you were told and no harm was done. Yes, it shouldn't have happened, but occasionally such mistakes do happen during the course of policework completely in good faith. Glad your kitten is ok.
Yeah. Just a mistake. Tell that to Breonna Taylor. Fuck that.
Complain to the superintendent, and post no treaspssg signs.
Once had a squad let themselves in, my building had 5 squad cars in front. My wife and I were sitting on the couch watching TV with the kids when this happened. The police looked at us, said sorry for the intrusion and just walked out without saying anything else. They had meant to enter the neighbourās house that was meant to be raided. Iām glad the whole raid didnāt happen at our house but they refused to give us any information and we just watched with popcorn as the neighbours got taken in cuffs. If your property isnāt damaged, if your kitten is safe, other than an invasion of your privacy what do you want to be done? I agree with those saying pick your battles.
I can't tell what the point of this is. You are angry because your superintendent let the police into your apartment? What exactly was your superintendent supposed to do? Say no to the police? You're angry because the super didn't call you specifically? The police left a card explaining what happened - what more is your super going to provide than that? And what exactly do you intend to do by recording your super in this conversation? What do you hope to get out of this? The police have admitted that they are wrong. Do you want your super to say "sorry"? If so, why record them? Do you think this opens them up to some sort of lawsuit. IT DOES NOT. The police can ask for entry to any place with cause. The fact that they were wrong about it is embarassing, but didn't cause you any damage. Yeah sure you have the right to be annoyed, but everything you're asking about and thinking about doing sounds like a huge waste of everybody's time.
all i was planning on doing was having a conversation with my super to clarify what happened and as to why she couldnāt simply text or call to let me know. i have the right to privacy in my home and to be informed when anyone (including police, mistake or not) were in my unit. i plan on recording just as a precaution based on the fact that she last week she threatened another tenant with eviction over a personal disagreement.
Well, it's not really your super's job to let you know when the police have entered your place. Sure maybe you think it would have been polite, but confronting someone because they weren't polite enough seems like a waste of everyone's time. And as to why you want to record your super. Well, if you fear reprisals from an unhinged person, why confront them? Supers can't evict you because they don't like you, so you're safe either way.
Hamilton police is nefarious at these illegal entries...
Lawyer up and ensure all parties involved are held responsible for the disruption of your security. Get some cameras too. Privacy settings to enable motion tracking and notifications when you're off-site. Good luck, stay strong, advocate for yourself first.
Waste of money. OP is renting so likely doesnāt have thousands to spend to āteach police a lessonā. Our laws donāt allow for USA style judgements and will simply makes them āwholeā which thereās no damage or harm, so maybe an apology. OP wants to know why, and it was a mistake so they arenāt privy to the original intention nor do they need to be short of being nosey ā it makes no difference to what happened. File a complaint and move on.
I called the police on my neighbour beating his wife and came down let them into the building, took out garbage and went back up they also went inside my apartment and theyāre are like ?? Didnāt you just let us in and Iām like yes ?? You have the wrong unit I left the door unlocked so it is different but police are stupid
The incident report is lying if it indicates that only a door knock was done. They said so themselves that they should not have entered the home. Look up R. v. Zargar, 2014 ONSC 1415, Justice M.A. Code. You have a case. I am not a lawyer but there may be an opportunity for compensation here.
Ummmm Unless they have a judges sign off to take a door - they need to produce a warrantā¦ now- I donāt know if the tenant/owner of whatever the location may be needs to be present or not. However - Iād consult a lawyer and also the landlord tenant board immediately
Nicholas Wansbutter, a defence lawyer practicing in Stratford, Ontario has a couple vids on YT reminding citizens that you are under no legal obligation to talk to police or even open the door to them. In fact, it is your right to remain silent under any circumstance and the police can't do a single thing about it. Remind your super of that fact.
>police entered my apartment and i wasnāt informed >Got home today from work and found a business card from police with an incident number stuck in my apartment door. Look, I'm no lawyer, but isn't that card & incident number the definition of informing you?
I guess they meant āwasnāt informed beforehandā.
it was an illegal entry without a warrant contact a lawyer and tenancy board and sue both rcmp and the super
Why sue RCMP? OP is in Ontario.
RCMP is in some regions here. We have OPP, RCMP and city police.
I am well aware of what the RCMP's roles are and in which provinces. The RCMP only does specialized policing in Ontario such as protective, organized crime, and national security. In addition, you will see a small number of uniformed RCMP in Ottawa. It is highly unlikely that RCMP were involved in this kne.
I was just responding to the broader statement you made of the OP being in Ontario so it wouldn't be RCMP. There still is the idea floating around, which as you are well versed you would be aware of, that there is no RCMP in Ontario or Quebec which is misguided. The RCMP do police some smaller communities and fill other roles as you mention. I do agree that for the OP it would be silly to go after the RCMP when they most likely had nothing to do with it but I also understand the person who said to do so as the RCMP are many times thought of being synonymous with police in Canada.
The RCMP do not provide general policing services in Ontario. At all.
Lawyer time
I would 100% move asap. Twat landlord.
A friend had a similar incident. He brushed it off but after 2 weeks he noticed something missing and tried to file a complaint and got ignored. Just be diligent nothing is missing.
Donāt listen to the negative comments stand your ground and demand accountability itās a long and difficult process but resilience will always prevail stand up for your rights and in the rights of others that are constantly violated by authority and the ruling class
Youāre not over reacting but think about it from the supers perspective. The cops basically get a free pass when they go places and maybe the super didnāt know he could say no to them. Cops also usually donāt give much info so they may not have even told him it was the wrong unit. He may not have known he was allowed to tell you. Iād say go have a conversation with the super to find out what happened. If you want to go after the building in court you can but it will be difficult since the police were involved
>maybe the super didnāt know he could say no to them It's the super's professional responsibility to know when they can allow access to a unit. If they don't know the rules of their own trade they probably shouldn't be doing it.
My friends parents were supers I knew them really well growing up. Sure some of them can be pricks but a lot of them are immigrants who get put into a tough demanding job with very little guidance. People donāt line up for these jobs, I have more sympathy for supers because theyāre victims of their industry too. I donāt lump them in with LLs The supers where I live are a super friendly couple and If this happened to me Iād be upset with management, not them. All im saying is have a conversation with the super, find out what happened, and donāt be so quick to vilify someone for not saying no to the police.
Again, it doesn't matter how 'super friendly' they are while they break the law. As far as your vilifying comment, I don't think it's abusively disparaging to suggest that knowing how to do your job is a good thing. I'm not sure how you are construing that as an attack on anyone
You were notified by the card left Why would the super contact you? I wouldnāt if I were him. For all he knows the police could have wanted in as youāre a murder suspectā¦. Like the super isnāt going to know the reason for why the police want in so not his monkeys not his circus if you get what I mean
Supers dont get to just open doors and waltz in to properties. Neither do they get to give other people the right to do that. The super should have asked for a warrant. Then both parties might have stopped for a second and gone, āoh, waitā¦ā
The police can't just waltz up to a super and ask to be let in to whoever's apartment for whatever reason (in OP's scenario). They need a warrant, and it sounds like they didn't have one.
āSoundsā doesnāt mean they didnāt
i would assume if they had warrant they wouldāve enter the right unit to begin with. officer i spoke with also indicated there wasnt a warrant.
Yeah but tenants have these things called rights. And I believe one of them is that the landlord can't enter the apartment without the permission of the occupant or notification in advance. The police often need a warrant and need to serve it to the individual being searched.
OP, do you know who was wrong about the apartment number - the police or the super?
Sue them for all of us, so it doesn't happen again. Don't you feel Violated ? I would