What is the objective criteria for establishing that a reasonable person standing in the shoes of a police officer when responding to an allegation of assault?
Ontario, Canada
The following excerpt is from R. v. Rowland, 2018 ONCJ 868 (CanLII):
With respect to the objective criteria, case law establishes that the “reasonable person” standing in the shoes of the officer must possess the same information as the officer. That knowledge includes anything that might affect the reliability of the test. If it is part of the officer’s knowledge it is also part of the reasonable person’s knowledge. (See Regina v. Mastermartino, supra).
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