What is the test for reasonable and probable grounds under section 254(3) of the Canadian Charter of Rights and Freedoms?
Ontario, Canada
The following excerpt is from R. v. Kit, 2003 CanLII 25099 (ON SC):
As Sopinka J. stated in The Queen v. Bernshaw, supra, at p. 217: The requirement in s. 254(3) that reasonable and probable grounds exist is not only a statutory but a constitutional requirement as a precondition to a lawful search and seizure under s. 8 of the Canadian Charter of Rights and Freedoms. Section 8 requires that reasonable and probable grounds exist in fact and not that their presence can be deemed to exist notwithstanding the evidence.
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