Sentences with phrase «probable grounds»

(3) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver's ability to drive a motor vehicle is affected by a drug, other than alcohol,

A conservation officer may search and arrest, without a warrant, any person he or she has reasonable and probable grounds to believe has committed an offence under the Wildlife Act.

The court also concluded, however, that «the police acted in good faith and had reasonable and probable grounds to believe that the offence had been committed.»

(6) In such circumstances as may be prescribed, the Superintendent may make an order requiring an administrator, an employer or any other person to prepare and file a new report or another prescribed type of report in respect of a pension plan if the Superintendent is of the opinion that there are reasonable and probable grounds to believe,

(1) Subject to section 89, the Superintendent may make an order requiring an administrator or any other person to take or refrain from taking any action in respect of a pension plan or a pension fund if the Superintendent is of the opinion, upon reasonable and probable grounds,

Vancouver lawyer Kyla Lee is concerned about tweaks to the administrative driving prohibition (ADP) which can be handed out when an officer has «reasonable and probable grounds» to believe that a driver's blood alcohol concentration exceeded the legal limit within three hours of driving, or that the person refused to provide a blood...

(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,

(2) Subject to subsection (3), the Superintendent may defer the giving of approval in respect of the purchase of some or all of the life annuities if the Superintendent is of the opinion, on reasonable and probable grounds, that the purchase would adversely affect the financial position of the Guarantee Fund.

They do not need reasonable and probable grounds.

If they held appeal they have no choice but to rule in the drivers favour because the MOT has not proven the cop has reasonable and probable grounds to lay the charge and suspend the licence.

However the Licence Appeal Tribunal (LAT) is refusing to hear such appeals because the cop must have reasonable and probable grounds to lay the charge and susend the licence and the LAT does not have the jurisdiction to determine reasonable and probalbe grounds.

This power is intended to be used if there is reasonable and probable grounds that an HRPA member has committed an act of professional misconduct.

The trial judge excluded the certificate of analysis on the basis that the officer did not have reasonable and probable grounds to make the breathalyzer demand and the admission of the certificate would bring the administration of justice in disrepute (Charter, ss.

(a) the Registrar believes on reasonable and probable grounds that the member has committed an act of professional misconduct or is incompetent and the Inquiries, Complaints and Reports Committee approves of the appointment;

The trial judge concluded that the police had failed to establish reasonable and probable grounds to believe Fedossenko had committed an offence and the order for production of the medical records should not have issued.

Mr. Justice ruled that the ASD result could not be relied on, and could not form the basis for reasonable and probable grounds to demand a breathalyzer test.

(7) Despite subsection (6), an order may be made under subsection (1) without notice to the member, subject to the right of the member to make submissions while the suspension or the terms, conditions or limitations are in place, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose the member's patients to harm or injury and urgent intervention is needed.

(a) the Registrar believes on reasonable and probable grounds that the conduct of the member exposes or is likely to expose his or her patients to harm or injury, and that the investigator should be appointed immediately; and

(2) The Inquiries, Complaints and Reports Committee may specify a period of time of less than 30 days in which the member may make written submissions, and inform the member to that effect, if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose his or her patients to harm or injury.

The plaintiff in its motion, which is not supported by any affidavit material setting out its motive, seeks leave to send the transcripts of the examinations for discovery to the police in order that an investigation can be carried out, and presumably charges laid, if there are reasonable and probable grounds to believe that an offence has been committed.

As mentioned in my previous post on RPG (reasonable and probable grounds) and The Theory of Knowledge, I am in the midst of a MOOC offered by the University of Edinburgh on Philosophy.

TReasonable and probable grounds bears an onus and standard of proof.

Thus, even if a driver admit to the cop they've had a few drinks, or even if the cop smells alcohol on the drivers breath, or even if his speech is slurred, or his eyes are glossy, this is not reasonable and probable grounds to demand a breath test.

Once the licence is suspended the Province provide no hearing to the driver to prove the cop had reasonable and probable grounds to suspend the licence.

The cop requires reasonable and probable grounds to demand a breath test under criminal code s. 254 before a charge is laid and before a licence suspension is issued.

Requiring a warrant prior to arrest avoids the ex post facto analysis of the reasonableness of an intrusion and invasive arrests without a basis of reasonable and probable grounds are prevented, rather than remedied after the fact.

Despite the constitutional infringement arising from the warrantless perimeter search, the majority concluded that the information obtained by way of the electrical utility records, together with the anonymous tip, constituted reasonable and probable grounds for the search warrant in question:

A police officer must have «reasonable and probable grounds» to make an arrest - he can not arrest you because of your physical appearance, attire, or the fact that you «looked like you were up to something».

[154] Investigators are appointed based on reasonable and probable grounds of misconduct or incompetence.

The court noted, however, the registrar should «should provide a brief description of the act (s) of professional misconduct he or she believes on reasonable and probable grounds were committed.»

Here, the proposed investigation concerned sexual impropriety with adolescent males, based on reasonable and probable grounds, and the materials «summonsed» did not extend beyond the scope of those allegations.

The Child, Youth and Family Enhancement Act, RSA 2000, c C - 12 (CYFEA), section 4 (1) provides that «Any person who has reasonable and probable grounds to believe that a child is in need of intervention shall forthwith report the matter to a director.»

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

«At common law a police officer may carry out a «frisk» search of a person who has been lawfully arrested and the existence of reasonable and probable grounds is not a prerequisite to the existence of such a power.

Section 1 (2)- A child is considered to be in need of intervention when there are reasonable and probable grounds to believe that the survival, security or development of the child is endangered due to one or more of the following:

Alberta's child protection legislation, the Child, Youth and Family Enhancement Act, RSA 2000, c C - 12 (CYFEA), allows for restraining orders to be made in circumstances where a child has been apprehended or made subject to a supervision order or temporary or permanent guardianship order, and where there are reasonable and probable grounds to believe that a person has or is likely to physically or emotionally injure or sexually abuse the child (section 30).

If the director had reasonable and probable grounds to believe that your child's life or health would be seriously or imminently endangered by the amount of time it would take to obtain an apprehension Order, they can apprehend him / her without an Order.

Under this section, a warrant may be issued by a judge following an application by a peace officer, without notice to the respondent, where there are reasonable and probable grounds to believe that a family member may have been the subject of family violence, will be found at the place to be searched, and the person who provided the information has been refused access to the family member.

[If they have reasonable and probable grounds to believe it is needed]

According to the Act (Section 4 (1)-RRB-, any individual that has reasonable and probable grounds to believe that a child is in need of intervention should report that information to a director.

Under section 1 (2)(g) of the CYFEA, «a child is in need of intervention if there are reasonable and probable grounds to believe that the survival, security or development of a child is endangered because the guardian of the child is unable or unwilling to protect the child from emotional injury.»

The demand and breath samples must be made and taken immediately or as soon as practicable once an officer has reasonable and probable grounds for arrest.

Because an arrest warrant has been issued, the police in the other province immediately have reasonable and probable grounds for their arrest.

Judge accepts that insofar as the police needed to rely on the investigative use of the approved screening device there were no reasonable probable grounds to arrest at the scene for impaired driving and therefore the charge laid can not be proven to necessary standard of proof beyond a reasonable doubt.

A warrant is a document that is issued by the court when there are reasonable and probable grounds to believe that someone has committed an offence.

If an officer has reasonable and probable grounds to believe that a person has committed an impaired or an «over 80» offence within the preceding three hours, they can demand that the person provide a breath sample into a «breathalyser.»

In regards to the third element, Justice Punnett held that objectively the CRA investigator did not have reasonable and probable grounds to believe that he could prove the actus reus of the offence of tax evasion against the Samaroos beyond a reasonable doubt.

For the Court of Appeal there was ample evidence to support the motion judge's finding that the police had reasonable and probable grounds to arrest the appellant and to lay the charges, including:

The failure to determine this, which is mandated in officer training, suggested the possibility of a «false positive» test due to unabsorbed residual mouth alcohol thereby bringing into question the officer's reasonable and probable grounds to arrest.

Moreover, the public is well aware of the notion that, in order for the police to enter your home, violate your privacy and examine your personal belongings, they must demonstrate reasonable and probable grounds to believe that a criminal offence has been committed.