What is the test for authorising a search and seizure?
Ontario, Canada
The following excerpt is from R. v. Morrison and Raguette, 2022 ONSC 17 (CanLII):
Hunter v. Southam[39] and a plethora of decisions of the highest appellate courts in the land make plain, that to authorize a search or have legal grounds to search, there must be full compliance with the guarantee provided under section 8 of the Charter that everyone has the right to be secure against unreasonable search or seizure. The standard is the presence of reasonable and probable grounds, not just “suspicion” or even “reasonable suspicion.”[40]
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