What is the test for reasonable and probable grounds to arrest?

Ontario, Canada


The following excerpt is from R. v. Tregear, 2010 ONCJ 444 (CanLII):

[29] As stated in Storrey v. The Queen (1990), 1990 CanLII 125 (SCC), 53 C.C.C. (3d) 316 (S.C.C.) at page 324, in the context of reasonable and probable grounds to arrest, “It is not sufficient for the police officer to personally believe that he or she has reasonable and probable grounds to make an arrest. Rather, it must be objectively established that those reasonable and probable grounds did in fact exist. That is to say a reasonable person standing in the shoes of the police officer, would have believed that reasonable and probable grounds existed to make the arrest.” … “In summary then, the Criminal Code requires that an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were indeed reasonable and probable grounds for the arrest. On the other hand, the police need not demonstrate anything more than reasonable and probable grounds...”

Other Questions


What is the test for reasonable and probable grounds for conducting a search incident to arrest? (Ontario, Canada)
What is the test for establishing reasonable and probable grounds for an arrest? (Ontario, Canada)
What are reasonable and probable grounds to issue an arrest warrant? (British Columbia, Canada)
What is the test for reasonable and probable grounds for a search incident to arrest? (Ontario, Canada)
What is the test for reasonable and probable grounds for arrest? (Ontario, Canada)
What is the test for determining if a police officer has a reasonable and probable grounds for arrest? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
Can a private person who makes an arrest justify doing so by showing that he had reasonable grounds to believe the arrest had been committed? (Saskatchewan, Canada)
What is the test for reasonable grounds for entry and search of an apartment for persons under the circumstances of an arrest? (British Columbia, Canada)
What is the current state of the law on the test for reasonable and probable grounds for charging with sexual assault? (Ontario, Canada)