Abstract
The Ontario Court of Appeal’s approach in R v Kelsy, 2011 ONCA 605 is a sound and sensible attempt to clarify the often-overlapping relationship between the exigent circumstances and ancillary powers doctrines. Reasonable grounds and reasonable necessity must exist throughout warrantless searches and extraordinary invasions of privacy, except where a less stringent standard is required, for example, for the immediate safety of the police or public. Yet Kelsy also forms part of a body of recent decisions from the Court of Appeal suggesting that the balance between the right to be free from unreasonable searches and police and public safety is shifting.
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