Here are some points for consideration.
The subamendment relates, as was mentioned, to the tests that a woman would have to meet to get a peace bond against her intimate partner. The current tests set out in Bill S-205 and in amendment G-3 require that she establish a reasonable fear of her intimate partner causing personal injury. The subamendment that we are now discussing would require belief on reasonable and probable grounds. The language added by the subamendment is not found in the existing peace bond provisions, so it would introduce a novel concept into the peace bond regime.
The six existing peace bonds require fear on reasonable grounds, which is a test known to the court and has been found to be constitutional—for example, in the case of R. v. Budreo in the Ontario Court of Appeal, which is often cited. There is a requirement that the person have the fear—the subjective part—but there is also a requirement, which has been interpreted in case law, for the judge to objectively assess whether that fear is reasonable, so that part addresses concerns that it would be an irrational fear and so forth. Case law has addressed that and interpreted the term to identify an objective requirement that the judge assesses.
It's not really possible to speculate on exactly what the courts would say on what the difference would be by adding “probable”. One possibility, which was alluded to earlier, is that it could be harder to get the peace bond. You would have to demonstrate that you don't just fear “on reasonable grounds” but that you fear “on reasonable and probable grounds” that you will be harmed by your spouse.
I'm not sure if that helps, but those are some considerations.