What is the test for reasonable grounds under section 254(3) of the Criminal Code?

Ontario, Canada


The following excerpt is from R. v. Porter, 2008 ONCJ 683 (CanLII):

[67] Further stated in Regina v. Censoni, [2001] O.J. No. 5189 , “Reasonable grounds on the context of a section 254(3) breath demand is not an onerous threshold. It must not be inflated to the context of testing trial evidence. Neither of course is it so diluted as to threaten individual freedom. All to often, however, the defendant invites the trial court to engage in minute decisions of the officer’s opinion – an opinion developed on the spot without the luxury of judicial reflection”. (at paragraph 43). “…Depending on the totality of the factual circumstances, a detracting factor does not automatically deny the existence of reasonable grounds. (paragraph 47)

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