Difference between revisions of "Reasonable Person Test"

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* [[Reasonable Apprehension of Bias]]
 
* [[Reasonable Apprehension of Bias]]
 
* [[Exclusion of Evidence Under Section 24(2) of the Charter]]
 
* [[Exclusion of Evidence Under Section 24(2) of the Charter]]
* [[Grounds for Release]]
+
* [[Grounds for Detention]]
  
 
A reasonable person is one who is:
 
A reasonable person is one who is:

Latest revision as of 01:17, 20 May 2020

General Principles

The "reasonable person test" is standard to be applied when considering a number of offences:

A reasonable person is one who is:

  • "reasonable, informed, practical and realistic" who "consider the matter in some detail"[1]
  • the person is not a "very sensitive or scrupulous" person, but is "right-minded"[2]
  • dispassionate and fully apprised of the case[3]
  1. R v RDS, 1997 CanLII 324 (SCC), [1997] 3 SCR 484 (S.C.C), per Cory J
  2. RDS, ibid.
  3. R v Collins, 1987 CanLII 84 (SCC), [1987] 1 SCR 265 (SCC), per Lamer J, at p. 282
    R v Burlingham, 1995 CanLII 88 (SCC), [1995] 2 SCR 206 (S.C.C), per Iacobucci J, at para 71

Context-Based Reasonableness

There is a difference between "contextualizing" an objective standard and individualizing the standard to suit the accused.[1]

Diminished Intelligence

A diminished level of intelligence or diminished mental capacity can be taking into account in "the application of the reasonableness standard in criminal cases".[2]

  1. R v Tran, 2010 SCC 58 (CanLII), per Charron J, at para 35
  2. R v Richter, 2014 BCCA 244 (CanLII), per Willcock JA, at para 43

See Also