ok.

so, if i were to try this, the question i'd have to put to judicial review is not whether the officer should have made the arrest, but whether the officer should have sought a warrant. and, i'd be looking at a correctness standard primarily, and a reasonableness standard, second.

the thing is that you can't determine what a judge would have ruled, right. there's a spectrum. and, judges - unlike cops - have independence.

so, the intent would be to get a ruling that states that the officer acted outside of his authority in making the arrest - and i think this is actually blatantly obvious, in canadian law. i was not caught in the act. and, there was no evidence that i posed anybody any harm. i was at home. so, he's supposed to get a warrant. clearly.

then, what? do we send it to a justice for a ruling? do we use the justice's statements at the bail hearing? do the reviewing judges make the decision?

i think this is novel, granted. but, i think it's a good, idea, too - and that this kind of enforced oversight is something worth fighting for.