What is the legal test for warrantless arrests in Canada?
Ontario, Canada
The following excerpt is from R. v. Hayatibahar, 2022 ONSC 1281 (CanLII):
In Can v. Calgary (Police Service), 2014 ABCA 322, Wakeling J.A. in his detailed and thought-provoking concurring reasons, describes various “degrees of certainty” and notes that the “moderate” range of certainty can be mathematically expressed as being between 36% and 50%. While he does not ultimately decide the issue, he notes that this “moderate” degree of certainty appears to be the law for warrantless arrests in Canada. He also notes it is the law in the U.K., United States and New Zealand, see Can v. Calgary (Police Services), supra, at paras. 128-139.
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