Is patent unreasonableness the appropriate standard of review for a decision by a police officer to arrest a man for assault?
British Columbia, Canada
The following excerpt is from Mohammed v. British Columbia (Attorney General), 2007 BCSC 1858 (CanLII):
… Accordingly, I conclude that the appropriate standard of review with respect to the decisions of the police officers is patent unreasonableness. Such a conclusion is consistent with the principle that a statutory purpose concerned with the protection of the public demands greater deference from a reviewing court: Law Society of New Brunswick v. Ryan, [2003] 1 S.C.R. 247, 2003 SCC 20.
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