It is complicated. I totally understand what you're saying. But what I would offer for your consideration is that the facts are the facts. The officer is constrained to the facts of the case that he has. What he can ask for is limited to the investigation. Whether he's going to get the production order, search warrant or whatever he's after, the standard of reasonable grounds to suspect or reasonable grounds to believe is how much belief he has, or how well he knows, that the offence occurred. I think they're a bit distinct.
He doesn't have to know with certainty that the crime was committed. We agree on that. For reasonable and probable grounds, he only has to have reasonable and probable grounds, so he has to be only that certain in order to obtain certain orders. We use the percentage of less than 50% in the balance of probabilities. Suspicion just means how certain he has to be about the commission of the offence. So I see that differently.
I'm not sure if that's helpful.
