What is the legal test for establishing reasonable grounds under an arrest warrant?
Ontario, Canada
The following excerpt is from R. v. Reilly, 2008 CanLII 1177 (ON SC):
Again, in the case of Chiau v. Canada (Minister of Justice) (1998), 1998 CanLII 9042 (FC), 141 F.T.R. 81, aff’d (2000) 2000 CanLII 16793 (FCA), 195 D.L.R. (4th) 422 (F.C.A.), Dubé J. addressed the proof requirement to establish reasonable grounds within the context of a warrant, and stated the following: The standard of proof required to establish “reasonable grounds” is more than a flimsy suspicion, but less than the civil test of balance of probabilities. And, of course, a much lower threshold than the criminal standard of “beyond a reasonable doubt.” It is a bona fide belief in a serious possibility based on credible evidence.
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