I think I understand your question now.
The contexts are completely different. One deals with section 8 of the charter: invasions of privacy and whether or not they're reasonable. The standard used there is “reasonable grounds to believe” or “reasonable grounds to suspect”. When you're talking about section 495—and forgive me, but I'm not an expert in arrest powers—to me, it's not about section 8. It's about section 7 and other issues. It's about your freedom. It's about public safety and risk.
There are other factors to consider in those cases, and prima facie is not a standard that we use in terms of investigative tools. Maybe that's why we were a little confused on that. The “reasonable grounds to believe” in section 495 would have to be read with the law around habeas corpus in section 7 and not with respect to section 8 and invasions of privacy.
