What is the test for reasonable and probable grounds?

Ontario, Canada


The following excerpt is from R. v. Rees, 2017 ONCJ 926 (CanLII):

[25] The reasonable and probable grounds can be described as a credibly based probability, that is, a reasonable probability, The Queen v. Baron et al 1993 CanLII 154 (SCC), 78 CCC (3d) 510 (SCC) pp 530-2 Sopinka, J. Reasonable and probable grounds has a subjective and an objective component. The subjective component amounts to an actual and honest belief that the suspect committed the offence, on the part of the arresting officer. It is not argued here by the defence that such an actual and honest belief is absent in our case. It is argued that the validity of the subjective belief does not survive objective scrutiny.

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