Hicks: His Home May Be His Castle, But That Doesn’t Include His Yard

A Nova Scotia Department of the Environment Inspector attended at Mr. Hicks' yard to investigate a complaint about air pollution from material burning in a barrel, contrary to the Environment Act ("Act").   Mr. Hicks was confrontational, refused to identify himself, and challenged her right to enter his yard.  She left, fearing for her safety.

Mr. Hicks was charged with obstructing an environmental inspector. The Act authorizes inspectors to enter private property, but not a "private dwelling place", except on consent or under an order or search warrant. The Act does not define "private dwelling place", although "place" includes "any land, building, structure, machine, aircraft, vehicle or vessel".  "Dwelling house" is defined in the Criminal Code as "...the whole or any part of a building or structure that is kept or occupied as a permanent or temporary structure..."