What is the standard of reasonable suspicion and what is the test of that?
Ontario, Canada
The following excerpt is from R. v. Keats, 2013 ONCJ 277 (CanLII):
[63] Still, the standard of reasonable suspicion is not an onerous standard and the case law also establishes that reasonable suspicion is a much lower threshold than reasonable and probable grounds. Absent the reasonable suspicion the demand is invalid and the person to whom the demand is made is under no obligation to comply with it. Regina v. Grant (1991) 1991 CanLII 38 (SCC), 67 C.C.C. (3d) 268 (SCC).
[64] In considering forming the reasonable suspicion, the officer must consider all of the circumstances including the presence, if any, of the odour of alcohol which is the best indicator of the presence of alcohol in the driver’s body but is not the only one, or the officer can also consider an admission by the driver that alcohol was consumed. See Regina v. Singh, supra, and Regina v. Mutisi [2011] O.J. No. 4546.
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