Cases

SCC Case Information

Summary

34397

Benjamin Cain MacKenzie v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)

Keywords

Canadian charter - criminal.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Charter of Rights and Freedoms Search and seizure Freedom from unreasonable search and seizure Sniff search of vehicle by sniffer dog led to discovery of drugs Whether police conduct violated s. 8 of the Charter Whether the evidence should have been excluded pursuant to s. 24(2) of the Charter What is the appropriate standard of review for appellate courts in the determination of reasonable suspicion?

The officers were on traffic patrol. The officers testified that they intended to issue the appellant a warning ticket for speeding. The officers then became suspicious that the appellant was in possession of a controlled substance. They conducted a sniff search with a sniffer dog. The officers found a large quantity of marijuana in the trunk of the appellant’s vehicle. Were there sufficient objective grounds to reasonably suspect the accused was in possession of a controlled substance? On the voir dire ruling, the judge held the officer’s conduct had not been grounded in a reasonable suspicion; therefore, the search was unreasonable and the evidence was excluded. The Court of Appeal held that the reasonable suspicion standard was met. The Court of Appeal allowed the Crown appeal and remitted the matter to a judge of the Court of Queen’s Bench for a trial on the evidence.