« Motifs raisonnables et probables » : différence entre les versions

{{CanLIIRP|Sanchez|1p79n|1994 CanLII 5271 (ONSC)|93 CCC (3d) 357}} at 367 (Ont.Ct. Gen.Div.){{perONSC|Hill J}}  ( {{Tr}}« The appropriate standard of reasonable or credibly based probability envisions a practical, non-technical and common sense probability as to the existence of the facts and inferences asserted.")<br>

{{supra1|Shinkewski}}{{atL|frsn0|13}} ( {{Tr}}« an arresting officer is not required to establish the commission of an indictable offence on a balance of probabilities ... or a prima facie case for conviction (R v Storrey) before making the arrest; but an arresting officer must act on something more than a “reasonable suspicion” or a hunch")<br>

{{CanLIIRP|Phung|fw3p0|2013 ABCA 63 (CanLII)|542 AR 392}}{{TheCourtABCA}}{{atL|fw3p0|11}} ( {{Tr}}« As for what “reasonable grounds” itself means, the standard was first described in Hunter v Southam, ... as “the point where credibly-based probability replaces suspicion”. It has since been characterized in terms of “reasonable probability”: ... . This is a standard higher than a reasonable suspicion but less than a prima facie case: .... Reasonable suspicion, by contrast, exists where there is “a constellation of objectively discernible facts which give the detaining officer reasonable cause to suspect that the detainee is criminally implicated in the activity under investigation”:...")<br>

{{CanLIIRP|Garofoli|1fss4|1990 CanLII 52 (CSC)|[1990] 2 RCS 1421}}{{perSCC-H|Sopinka J}} ( {{Tr}}« The reliability of the tip is to be assessed by recourse to the 'totality of the circumstances'. ")

{{CanLIIRP|Skinkewski|frsn0|2012 SKCA 63 (CanLII)|289 CCC (3d) 145}}{{perSKCA|Caldwell JA}}{{atL|frsn0|13}} ( {{Tr}}« a reviewing court must view the evidence available to an arresting officer cumulatively, not in a piecemeal fashion")<br>

{{supra1|Shinkewski}}{{atL|frsn0|13}} ( {{Tr}}« an arresting officer must consider all incriminating and exonerating information which the circumstances reasonably permit, but may disregard information which the officer has reason to believe may be unreliable: R v Storrey;")<br>

{{CanLIIRP|Campbell|2cj71|2010 ONCA 588 (CanLII)|261 CCC (3d) 1}}{{perONCA|Juriansz JA}}{{atL|2cj71|57}} ( {{Tr}}« Considered independently each of these grounds may not have justified the authorization. However, a justice of the peace could have found from their cumulative effect that there were reasonable grounds to issue the warrant.")<Br>

{{CanLIIRx|Nguyen|1q8xd|2007 ONCA 24 (CanLII)}}{{TheCourtONCA}}{{atL|1q8xd|4}} ( {{Tr}}« The cumulative effect of the information demonstrated the existence of reasonable and probable grounds to believe that a grow operation would be found inside the house")<br>

{{CanLIIRP|Shinkewski|frsn0|2012 SKCA 63 (CanLII)|289 CCC (3d) 145}}{{perSKCA|Caldwell JA}}{{atL|frsn0|13}} ( {{Tr}}« an arresting officer must subjectively hold reasonable grounds to arrest and those grounds must be justifiable from an objective point of view - in other words, a reasonable person placed in the position of the arresting officer must be able to conclude there were indeed reasonable grounds for the arrest")<br>

{{supra1|Galye}}{{at|38}} ( {{Tr}}« The assessment of whether objective grounds existed involves placing a reasonable person in the position of the officer and having that person assess the circumstances through the lens of someone who has the same experience, training, knowledge and skills as the officer.  If that reasonable person would reach the same conclusion as the police officer, then the grounds for arrest will be considered to be objectively reasonable")<br>

{{CanLIIRP|Shinkewski|frsn0|2012 SKCA 63 (CanLII)|289 CCC (3d) 145}}{{perSKCA|Caldwell JA}}{{atL|frsn0|13}} ( {{Tr}}« an arresting officer must subjectively hold reasonable grounds to arrest and those grounds must be justifiable from an objective point of view - in other words, a reasonable person placed in the position of the arresting officer must be able to conclude there were indeed reasonable grounds for the arrest")<br>

{{CanLIIRx|Buchanan|j6chf|2020 ONCA 245 (CanLII)}}{{perONCA|Fairburn JA}}{{atL|j6chf|23}} ( {{Tr}}« Reasonable grounds to suspect is a lower standard than reasonable grounds to believe. The first engages a reasonable possibility, while the latter engages a reasonable probability")<br>

{{CanLIIRP|Kokesch|1fsq7|1990 CanLII 55 (CSC)|[1990] 3 RCS 3}}{{perSCC-H|Sopinka J}} ( {{Tr}}« Where the police have nothing but suspicion and no legal way to obtain other evidence, it follows that they must leave the suspect alone, not charge ahead and obtain evidence illegally and unconstitutionally.")<br>