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Frey v Fedoruk
''Frey v Fedoruk'' () S.C.R. 517 is a decision by the Supreme Court of Canada on the definition of a breach of the peace and whether being a "peeping tom" is a crime. The Court found that actions do not necessarily breach the peace just because they cause violent reactions. Due to this finding, courts would have less say in determining what is criminal as a breach of the peace, and the Parliament of Canada would have more.
==Background==
At the time, peeping was not specifically prohibited. Allegedly, the appellant Frey had left his truck to look into a window of a house at 11:15 P.M. A woman saw him looking in, and shouted, and her adult son took a butcher knife and went outside. He chased Frey, caught him, and called the police. The police, seeing footprints near the house, arrested Frey. Frey also alleged the police constable attacked him, although in court Frey mainly fought his arrest as false imprisonment.〔Page 522.〕
The British Columbia Court of Appeal found the imprisonment was not false imprisonment, since Frey had, in the words of Justice O'Halloran, "disturbed their tranquillity and privacy in a manner that he would naturally expect to invite immediate violence against him." A breach of the peace was thus defined by this judge as being a reference to riots, or something that interferes with the peace of private persons; the latter was said to go "so deeply into the roots of the Common law."〔Quoted on page 534.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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