What is the current standard of reasonable and probable grounds for a search warrant?

Ontario, Canada


The following excerpt is from R v Cusick, 2015 ONSC 6739 (CanLII):

In the seminal case, Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, Dickson J. first set the standard of reasonable and probable grounds for search warrants to be consistent with s. 8 of the Charter. He also offered the following guidance as to the application of the standard: The state’s interest in detecting and preventing crime begins to prevail over the individual’s interest in being left alone at the point where credibly-based probability replaces suspicion.

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