En cas d'arrestation sans mandat, il appartient à l'État de démontrer que l'arrestation est raisonnable selon la balance des probabilités

R. v. White, 2022 NSCA 61 

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[22]         The judge observed that s. 495(1)(a) of the Criminal Code requires that on a warrantless arrest the police must have reasonable grounds to believe that the person has committed or is about to commit an indictable offence.  There is a subjective and objective component when establishing reasonable grounds to arrest without a warrant.  The burden is on the Crown to show that on a balance of probabilities, a warrantless arrest was reasonable.  All the circumstances must be considered.  The judge noted the circumstances in this case included:

[43]      (a)        the police attended the parking lot to investigate a motor vehicle accident involving two vehicles – a dark or navy blue Volkswagen Jetta and a second vehicle that had fled the scene, hitting a female pedestrian as it fled;

            (b)        when officers arrived on scene, they began the investigation into the motor vehicle accident;

            (c)        Cst. McCully went to speak with the female pedestrian who had been struck by the fleeing vehicle;

            (d)      Cst. MacNeil spoke with Decoda White, Nathaniel White and Mariam Al Husseini who were in the Vokswagen [sic] vehicle in the parking lot;

            (e)        No details were provided by Decoda White, Nathaniel White or Mariam Al Husseini regarding the type or colour of the other vehicle that had fled the scene;

            (f)        Ms. Al Husseini provided the vehicle paperwork to Cst. MacNeil;

            (g)        Cst. MacNeil returned to his vehicle to begin the report on the motor vehicle accident. While in his vehicle, Cst. MacNeil received a telephone call from Staff Sgt. Perry Astephen and asked to contact Sgt. Sheppard,who had information that a firearm was present;

            (h)        Cst. MacNeil telephoned Sgt. Sheppard and was told that Sgt. Sheppard had received information from a confidential source that Decoda White was seen with a firearm in the vehicle. By that time, the paramedic had arrived to attend to the female pedestrian;

            (i)         Mariam Al Husseini was in the ambulance. Decoda White was seated in the front passenger seat of the Volkswagen with the door open and his feet outside of the vehicle, on the ground. Nathaniel White was seated in the back seat of the Volkswagen with the door open and his feet outside of the vehicle, on the ground;

            (j)         There was no firearm observed in plain view by Cst. MacNeil and there was no evidence of illicit activities.