Is patent unreasonableness the appropriate standard of review for a decision by a police officer to arrest a man for assault?
British Columbia, Canada
The following excerpt is from Mohammed v. British Columbia (Attorney General), 2007 BCSC 1858 (CanLII):
… Accordingly, I conclude that the appropriate standard of review with respect to the decisions of the police officers is patent unreasonableness. Such a conclusion is consistent with the principle that a statutory purpose concerned with the protection of the public demands greater deference from a reviewing court: Law Society of New Brunswick v. Ryan, [2003] 1 S.C.R. 247, 2003 SCC 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard for a decision on review based on the testimony of a police officer? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the difference between an unreasonable decision and a patently unreasonable decision? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
Does the Court of Appeal in Dunsmuir hold that a patent unreasonableness standard set forth in s. 59(3) and (4) of the Anti-Patent Unreasonableness Act? (British Columbia, Canada)
What is the standard of review in respect of a police officer's decision to issue a 24-hour driving prohibition? (British Columbia, Canada)
Does an arresting officer need to establish that the accused has no defence to the charge of assault before making an arrest? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
