What is the objective component of an ITO and what is the subjective component?

New Brunswick, Canada


The following excerpt is from Dennis James Oland v. R, 2015 NBQB 243 (CanLII):

In this case the defence has not called into question the subjective belief of the informant/deponent police officer, except in a passing way that will be addressed much later. What the defence challenges is the objective component - that there was insufficient information in law to establish the necessary reasonable grounds to permit the search warrants to issue: … it must be reasonable [for the deponent of the ITO] to believe (the “objective component”), that (1) the information being considered demonstrates the probability as opposed to the mere suspicion that the relevant facts could be true (the “sufficiency inquiry”), and (2) that the information must be credible enough to support the reasonable probability that the relevant facts exist (the “credibility inquiry”) … (R v. Butters 2014 ONCJ 228 at para. 13)

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