R v Araya, 2025 ABCA 61
Mistaken Identity
[20] In this case, while the police had reasonable grounds to believe that Mr. Lugela had committed a criminal offense and could be arrested, they did not have grounds to arrest the appellant before their interaction with him in the parking lot. Constable Chan was clearly mistaken as to the identity of the individual he arrested.
[21] An arresting officer may be incorrect as to the identity of the arrestee. This does not make the arrest unlawful. In R v Whitfield, 2023 ONCA 479, the court stated at paragraph 21:
The police were not required to be correct about the identity of the appellant before they formed grounds to arrest. Under s. 495 of the Criminal Code of Canada, R.S.C. 1985, c. C-46, a warrantless arrest is lawful if the arresting officer believes, on reasonable grounds, that the suspect has committed an indictable offence. The standard of “reasonable grounds” focuses on the officer’s state of mind and the reasonableness of the officer’s belief, rather than the actual state of affairs. Reasonable grounds can be “based on a reasonable belief that certain facts exist even if it turns out that the belief is mistaken”: R. v. St. Clair, 2021 ONCA 895, 408 C.C.C. (3d) 117, at para. 26, leave to appeal to S.C.C. refused, 40270 (November 24, 2022); see also R. v. Robinson, 2016 ONCA 402, 336 C.C.C. (3d) 22, at para. 40.
[22] The issue was whether Constable Chan subjectively believed the person he arrested was Mr. Lugela and whether that belief was objectively reasonable. The trial judge referred to the cases of R v Yusuf, 2016 ONSC 514, R v Burke, 2009 SCC 57 and R v Hall (1995), 1995 CanLII 647 (ON CA), 22 OR (3d) 289, 1995 CarswellOnt 107 (CA), for the principle that an officer’s subjective belief can be reasonably held in cases of mistaken identity, thereby making the arrest lawful: Araya at para 29.
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