Appendix I: Reasonable Belief

• Author: Steve Coughlan; Glen Luther
• Pages: 357-367

357

APPENDIX I

REASONABLE BELIEF

Reasonable Grounds for Arrest Made Out

R v Debot, [1989] 2 SCR 1140: The police received conf‌idential informa-

tion from an informant concerning a future drug deal. The informant

had previously provided useful information to the police (Cst G) and

was considered by the police to be reliable. The informant provided

details said to have been received directly from one of the parties to

the drug transaction indicating date, time, location, type of drug, and

names of the parties to the offence. The police established visual sur-

veillance of the anticipated site of the dr ug deal; a vehicle known to the

police was observed along with persons entering/exiting the premises;

Cst G, by radio to an off-site off‌icer (Sgt B), conf‌irmed that the accused

was the registered owner of the vehicle. Sgt B then instructed other

off‌icers to intercept and search the vehicle. On these facts Cst B had

reasonable and probable grounds to believe that the accused had drugs

in his possession, despite reliance on hearsay from other off‌icers. An

off‌icer instructed to carry out a search by another off‌icer is entitled to

assume that the off‌icer ordering the search has reasonable grounds.

The tip provided by the informant was compelling and detailed: it

went beyond mere rumour; the informant was rel iable and not paid nor

facing charges; and the police surveillance corroborated the informa-

tion received.

R v Wong, [1990] 3 SCR 36 (obiter conclusion on re asonable ground s for

arrest for unlawf ul gaming): The police entered a recently vacated room