R v McKenzie,

JurisdictionManitoba
JudgeBurnett,Mainella,Simonsen
Citation2022 MBCA 3
Date13 January 2022
CourtCourt of Appeal (Manitoba)
Docket NumberAR21-30-09593
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7 practice notes
  • Powers of Detention
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...simply applies the Waterield test from scratch to conclude that the oicers were authorized. To very similar efect, see R v McKenzie, 2022 MBCA 3, as well as the discussion in Steve Coughlan, “ R v McKenzie : Continuing Confusion on Common Law Powers” (2022) 77 Criminal Reports (7th) 330. 19......
  • Table of cases
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...140 CRR (2d) 152, [2006] MJ No 82 (Prov Ct) .......................................................................... 130 R v McKenzie, 2022 MBCA 3 .......................................................... 72, 73, 130, 181 R v McKibbon (1973), 12 CCC (2d) 66, [1973] BCJ No 766 (CA) ............
  • Nature of the Interaction Between Police and Individuals
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...hard to reconcile with the fact that the detention was based only on reasonable suspicion: 294 R v Lee , 2017 ONCA 654. 295 R v McKenzie , 2022 MBCA 3 at para 50 [ McKenzie ]. 296 It was because no such reason existed that reaching into Mann’s pocket was unlawful. See also R v Del Corro , 2......
  • Searches and Seizures Authorized by Law 2: Other Authority
    • Canada
    • Irwin Books Search and Seizure
    • 18 Noviembre 2023
    ...in AM, to snif bags in a high school gym. The Court in R v Chehil airmed police use of snifer dogs to search a person’s 440 R v McKenzie, 2022 MBCA 3 at paras 38–40 [McKenzie]. 441 Ibid at para 39, citing R v Peterkin, 2015 ONCA 8 at para 59; R v Smith, 2019 SKCA 126 at paras 13–15; and R v......
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2 cases
  • 2023 ONCA 383,
    • Canada
    • 1 Enero 2023
    ...did not recalibrate the test for any police safety searches from the the traditional reasonable suspicion standard: see R. v. McKenzie, 2022 MBCA 3, at paras. 38-40. Yet another is that the concurring opinion in MacDonald was correct that the standard for safety searches may indeed have bee......
  • R v Buakasa,
    • Canada
    • Court of Appeal (Ontario)
    • 29 Mayo 2023
    ...did not recalibrate the test for any police safety searches from the the traditional reasonable suspicion standard: see R. v. McKenzie, 2022 MBCA 3, at paras. 38-40. Yet another is that the concurring opinion in MacDonald was correct that the standard for safety searches may indeed have bee......
5 books & journal articles
  • Powers of Detention
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...simply applies the Waterield test from scratch to conclude that the oicers were authorized. To very similar efect, see R v McKenzie, 2022 MBCA 3, as well as the discussion in Steve Coughlan, “ R v McKenzie : Continuing Confusion on Common Law Powers” (2022) 77 Criminal Reports (7th) 330. 19......
  • Table of cases
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...140 CRR (2d) 152, [2006] MJ No 82 (Prov Ct) .......................................................................... 130 R v McKenzie, 2022 MBCA 3 .......................................................... 72, 73, 130, 181 R v McKibbon (1973), 12 CCC (2d) 66, [1973] BCJ No 766 (CA) ............
  • Nature of the Interaction Between Police and Individuals
    • Canada
    • Irwin Books Detention and Arrest - Third Edition
    • 27 Febrero 2024
    ...hard to reconcile with the fact that the detention was based only on reasonable suspicion: 294 R v Lee , 2017 ONCA 654. 295 R v McKenzie , 2022 MBCA 3 at para 50 [ McKenzie ]. 296 It was because no such reason existed that reaching into Mann’s pocket was unlawful. See also R v Del Corro , 2......
  • Searches and Seizures Authorized by Law 2: Other Authority
    • Canada
    • Irwin Books Search and Seizure
    • 18 Noviembre 2023
    ...in AM, to snif bags in a high school gym. The Court in R v Chehil airmed police use of snifer dogs to search a person’s 440 R v McKenzie, 2022 MBCA 3 at paras 38–40 [McKenzie]. 441 Ibid at para 39, citing R v Peterkin, 2015 ONCA 8 at para 59; R v Smith, 2019 SKCA 126 at paras 13–15; and R v......
  • Request a trial to view additional results

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