R v Sutherland
| Jurisdiction | Manitoba |
| Court | Court of Appeal (Manitoba) |
| Judge | Burnett,Simonsen,Steel |
| Citation | 2022 MBCA 23 |
| Docket Number | AR21-30-09591 |
| Date | 24 February 2022 |
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7 practice notes
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Table of Cases
...Reserved. 328 Table of Cases Stone , R v , [1999] 2 SCR 290, 1999 CanLII 688 ..................................... 93 Sutherland , R v , 2022 MBCA 23 .............................................. 176-78 Sutton , R v , 1969 CanLII 497, [1970] 3 CCC 152 (Ont CA) .......................... 24......
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Presenting Lay Opinion Evidence
..., the Court concluded that such lay opinion evidence was admissible; see also R v Walton , 2011 BCCA 535 at para 13. 17 R v Sutherland , 2022 MBCA 23 at paras 43-47. 18 R v Sutherland , 2022 MBCA 23 at paras 43, 46. 19 R v Ilina , 2003 MBCA 20, leave to appeal to SCC refused. 20 R v Hill , ......
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R v. Singh
...of lay opinion evidence without the necessary scrutiny and after skirting the notice provisions in the Criminal Code: R v Sutherland, 2022 MBCA 23 at para 39. It can also fuel “ready-formed inferences [that] are not helpful to the trier of fact and may even be misleading”: White Burgess at ......
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R v. Sandhu
...boat movements and explaining that they are inconsistent with fishing operations (R v Gavin, 2018 PECA 6). [32] In R v Sutherland, 2022 MBCA 23, [2022] 5 WWR 189, leave to appeal to SCC refused 2022 CanLII 88697, the Manitoba Court of Appeal explained that the rationale for admitting such e......
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5 cases
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R v. Singh
...of lay opinion evidence without the necessary scrutiny and after skirting the notice provisions in the Criminal Code: R v Sutherland, 2022 MBCA 23 at para 39. It can also fuel “ready-formed inferences [that] are not helpful to the trier of fact and may even be misleading”: White Burgess at ......
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R v. Sandhu
...boat movements and explaining that they are inconsistent with fishing operations (R v Gavin, 2018 PECA 6). [32] In R v Sutherland, 2022 MBCA 23, [2022] 5 WWR 189, leave to appeal to SCC refused 2022 CanLII 88697, the Manitoba Court of Appeal explained that the rationale for admitting such e......
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Director Under the Seizure of Criminal Property Act, 2009 v. Romano
...admissible under the lay opinion exception or whether it must meet the requirements of expert evidence: Singh at para 53; R v Sutherland, 2022 MBCA 23 at para 42, [2022] 5 WWR 189 [Sutherland]. In Sutherland, the Manitoba Court of Appeal canvassed the case law on when a police officer may e......
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R. v. Skinner
...position test" is met: R. v. [Berhe], 2012 ONCA 716 (CanLII), at para. 21. 40 In R. v. Sutherland, 2022 MBCA 23 (CanLII), at para. 37, the Manitoba Court of Appeal stated that, "[t]he proper scope of lay opinion evidence must be considered in the context of the pr......
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2 books & journal articles
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Table of Cases
...Reserved. 328 Table of Cases Stone , R v , [1999] 2 SCR 290, 1999 CanLII 688 ..................................... 93 Sutherland , R v , 2022 MBCA 23 .............................................. 176-78 Sutton , R v , 1969 CanLII 497, [1970] 3 CCC 152 (Ont CA) .......................... 24......
-
Presenting Lay Opinion Evidence
..., the Court concluded that such lay opinion evidence was admissible; see also R v Walton , 2011 BCCA 535 at para 13. 17 R v Sutherland , 2022 MBCA 23 at paras 43-47. 18 R v Sutherland , 2022 MBCA 23 at paras 43, 46. 19 R v Ilina , 2003 MBCA 20, leave to appeal to SCC refused. 20 R v Hill , ......