That's a fair comment. You're right. Section 495 engages section 9, which is the right to be free from arbitrary detention.
The reason I'm going there is that I'm trying to determine what this threshold actually means. What does “reasonable grounds to suspect” mean versus “reasonable grounds to believe”? That's what I'm getting at.
In the arrest context, it is a personal subjective belief that is below a prima facie case that is objectively reasonable. That's my reading of what the Supreme Court of Canada has said.
Where does that leave us, then? What is “reasonable grounds to believe” in this context, in your view, versus “reasonable grounds to suspect”?