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Reviews of Investigating Impaired Drivers
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Saturday
Feb012020

REASONABLE GROUNDS TO BELIEVE

The provisions of the new "Offences Relating to Conveyances" part of the Criminal Code refer to requiring "reasonable grounds to believe" in a number of sections. However, what does that requirement mean?  The British Columbia Court of Appeal reviewed that issue in R. v. Glendinning, 2019 BCCA 365:

The arresting officer must have subjectively believed an offence had occurred and that belief must have been objectively reasonable from the viewpoint (or through the “lens”) of a person with the officer’s experience and training.