R. V. Storrey
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''R v Storrey''
990 Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...
1 S.C.R. 241 is a leading decision of the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
on the authority of police officers to make arrests. In addition to an officer's subjective belief that there are reasonable and probable grounds for arrest, the Court stipulated the grounds must be objectively justifiable. In his judgement, Cory J. followed R v Brown (1987 NSCA) and
Liversidge v Anderson ''Liversidge v Anderson'' 942AC 206 is a landmark United Kingdom administrative law case which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times o ...
in stating:canlii.org: R. v. Storrey, (1990) 1 SCR 241, 1990 CanLII 125 (SCC)
/ref> :''...the Criminal Code requires that an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were indeed reasonable and probable grounds for the arrest. On the other hand, the police need not demonstrate anything more than reasonable and probable grounds. Specifically, they are not required to establish a prima facie case for conviction before making the arrest.''


References


External links

* Canadian criminal procedure case law Supreme Court of Canada cases Law enforcement in Canada 1990 in Canadian case law {{Canada-law-stub