What is the current state of the law on the test for reasonable and probable grounds for charging with sexual assault?
Ontario, Canada
The following excerpt is from Fazekas v Greater Sudbury Police Services Board, 2015 ONSC 4316 (CanLII):
In Hill, the court stated at paras. 50 and 68: 50 … Police are required to weigh evidence to some extent in the course of an investigation: Chartier v. Quebec (Attorney General), 1979 CanLII 17 (SCC), [1979] 2 S.C.R. 474 (S.C.C.). But they are not required to evaluate evidence according to legal standards or to make legal judgements. That is the task of prosecutors, defence attorneys and judges… 68 … [At the stage of] laying charges, the standard is informed by the legal requirement of reasonable and probable grounds to believe the suspect is guilty, since the law requires such grounds, a police officer acting reasonable in the circumstances would insist on them.
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