What is the test for making an arrest without a warrant?

Saskatchewan, Canada


The following excerpt is from R. v. Anderson, 1990 CanLII 7384 (SK QB):

In Chartier v. Attorney General of Quebec, 1979 CanLII 17 (SCC), [1979] 2 S.C.R. 474; 27 N.R. 1; 48 C.C.C.(2d) 34; 104 D.L.R.(3d) 321; 9 C.R.(3d) 97 (S.C.C.), the court held that a peace officer who makes an arrest without warrant must have reasonable and probable grounds for believing in the person's guilt. Such belief must take into account all of the information available to the peace officer. Further, the peace officer is entitled to disregard only that information which he reasonably believes to be unreliable.

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