59. Counsel for the Registrar argued that reasonable suspicion, for a lawful breath demand, is more than a mere suspicion and less than belief based on reasonable and probable grounds (R v. Kang-Brown, 2008 SCC). As the Ontario Court of Justice said in R v. Haydl, 2003 (at para 13): … while there may be numerous explanations for the cause of fact ‘A’ [observation], if it can be concluded that conclusion ‘B’ [that person has alcohol in body] is one of the, perhaps, several reasonable conclusions that may flow from the finding of fact ‘A’, then a reasonable suspicion has been formed.
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