What is the test for credibility based probability in s. 8 of the Criminal Code?
Alberta, Canada
The following excerpt is from R v Navales, 2014 ABCA 70 (CanLII):
Karakatsanis J. reiterated the underlying principle of the s. 8 framework (at para. 22) and confirmed that in most cases “[t]he state’s interest in detecting and preventing crime begins to prevail over the individual’s interest in being left alone at the point where credibility-based probability replaces suspicion.” (at p. 167 of Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145).
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