R v Sutherland

JurisdictionManitoba
CourtCourt of Appeal (Manitoba)
JudgeBurnett,Simonsen,Steel
Citation2022 MBCA 23
Docket NumberAR21-30-09591
Date24 February 2022

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
7 practice notes
  • Table of Cases
    • Canada
    • Criminal Law Series Witness Preparation, Presentation and Assessment Part III
    • May 3, 2023
    ...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
    • Canada
    • Criminal Law Series Witness Preparation, Presentation and Assessment Part II
    • May 3, 2023
    ..., 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 , ......
  • R v. Singh
    • Canada
    • Court of Appeal (Alberta)
    • April 5, 2024
    ...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 ......
  • R v. Sandhu
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 20, 2025
    ...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......
  • Get Started for Free
5 cases
  • R v. Singh
    • Canada
    • Court of Appeal (Alberta)
    • April 5, 2024
    ...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 ......
  • R v. Sandhu
    • Canada
    • Court of Appeal (Saskatchewan)
    • August 20, 2025
    ...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......
  • Director Under the Seizure of Criminal Property Act, 2009 v. Romano
    • Canada
    • Court of King's Bench of Saskatchewan (Canada)
    • January 13, 2025
    ...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......
  • R. v. Skinner
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 5, 2024
    ...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......
  • Get Started for Free
2 books & journal articles
  • Table of Cases
    • Canada
    • Criminal Law Series Witness Preparation, Presentation and Assessment Part III
    • May 3, 2023
    ...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
    • Canada
    • Criminal Law Series Witness Preparation, Presentation and Assessment Part II
    • May 3, 2023
    ..., 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 , ......