The approved instrument breath demand should be made by the same officer who formed the reasonable and probable grounds.

The existing and well established standard of "reasonable and probable grounds" should be applied.

Despite their suspicions, the authorities did not have "reasonable and probable grounds" or sufficient evidence to ask a judge for a search warrant.

Nor can there be a presumption of malice from a lack of reasonable and probable grounds.

There was a lack of reasonable and probable grounds to commence or continue the prosecution.

The Court found that "reasonable and probable grounds" is concerned with the Crown's professional, not personal opinion about the merits of the case.

An honest but mistaken belief that there were reasonable and probable grounds does not support a finding of malicious intent.

Here, the police could not have had reasonable and probable grounds based solely on the phone call.

However, once they investigated further they were able to establish a reasonable and probable ground which allowed them to enter.

On the other hand, the police need not demonstrate anything more than reasonable and probable grounds.