What are the grounds to support arrest without a warrant pursuant to s. 495(1)(a) of the Criminal Code of Canada?

Alberta, Canada


The following excerpt is from R. v. Kitine, 2014 ABPC 96 (CanLII):

The grounds to support an arrest without a warrant pursuant to s. 495(1)(a) for impaired operation by alcohol of a motor vehicle pursuant to s. 253(1)(a) and a demand under s. 254(3) for a breath sample are based on the same standard of reasonable grounds to believe that an offence under s. 253 of the Criminal Code of Canada has been committed. “Reasonable grounds” and “reasonable and probable grounds” are equivalent expressions: see Baron v. Canada, 1993 CanLII 154 (SCC), [1993] 1 SCR 416.

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