Skip to main content
The Supreme Court’s badge designed by Ernest Cormier SUPREME COURT OF CANADA

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.

34397

Benjamin Cain MacKenzie v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-10-01 Appeal closed
2013-09-30 Formal judgment sent to the registrar of the court of appeal and all parties
2013-09-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-09-27 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1765, 2011 SKCA 64, dated May 25, 2011, heard on January 22, 2013, is dismissed, McLachlin C.J. and LeBel, Fish and Cromwell JJ. dissenting.
Dismissed
2013-02-05 Transcript received, (130 pages)
2013-01-22 Judgment reserved OR rendered with reasons to follow
2013-01-22 Intervener's condensed book, (Book Form), submitted in court (14 copies), joint with 34524 Attorney General of Ontario
2013-01-22 Intervener's condensed book, (Book Form), submitted in Court (14 copies), joint with 34524 Canadian Civil Liberties Association
2013-01-22 Respondent's condensed book, (Book Form), submitted in court (14 copies) Her Majesty the Queen
2013-01-22 Appellant's condensed book, (Book Form), submitted in court (14 copies) Benjamin Cain MacKenzie
2013-01-22 Acknowledgement and consent for video taping of proceedings, From all parties
2013-01-22 Hearing of the appeal, 2013-01-22, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-01-17 Order on motion to strike out, (BY LEBEL J.)
2013-01-17 Decision on motion to strike out, LeB, UPON APPLICATION by the respondent for an order striking paragraphs 1, 2 and 5 to 29 of the factum of the intervener, British Columbia Civil Liberties Association or in the alternative, for an order to have a constitutional question stated and to adjourn this appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
In my view, the factum of the British Columbia Civil Liberties Association does not raise a new issue, but focuses instead on what the R. v. Kang Brown, [2008] 1 S.C.R. 456 standard governing sniffer dog searches means and what its consequences and weaknesses may be. The factum does not go beyond the legitimate scope of an intervention in the context of this appeal. Interveners often comment on the state of the law, how it functions or why and how it should be reformed. That is the essence of an intervener’s role in this Court and that is what the British Columbia Civil Liberties Association’s intervention is doing in this appeal. For these reasons, I would dismiss the motion to strike parts of its factum, and I would not give effect to the alternative request to adjourn the hearing of the appeal in order to permit the parties to file a motion to state a constitutional question.
Dismissed, no order as to costs
2013-01-17 Submission of motion to strike out, LeB
2013-01-16 Response to motion to strike out, (Letter Form), from Richmond Nychuk dated Jan. 16/13, Completed on: 2013-01-16 Benjamin Cain MacKenzie
2013-01-14 Response to motion to strike out, from Michael A. Feder dated Jan. 14/13 (joint with 34524), Completed on: 2013-01-14 British Columbia Civil Liberties Association
2013-01-14 Motion to strike out, (Book Form), paragraphs of BCCLA intevener's factum (joint with 34524), Completed on: 2013-01-14 Her Majesty the Queen
2013-01-11 Notice of appearance, Michael Feder and Michael Rosenberg will be present at the hearing. British Columbia Civil Liberties Association
2013-01-11 Notice of appearance, No one appearing at the hearing. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-11 Notice of appearance, Amy Alyea will be present at the hearing. Her Majesty the Queen
2013-01-11 Notice of appearance, Mark Covan and Douglas Curliss, Q.C. will be present at the hearing. Her Majesty the Queen
2013-01-10 Decision on motion to extend time, LeB, AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied.
Granted, no order as to costs
2013-01-10 Submission of motion to extend time, LeB
2013-01-10 Order by, LeB, FURTHER TO THE ORDER dated November 5, 2012, granting leave to intervene to the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic;
AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an order extending the time to serve and file its factum and book of authorities to January 9, 2013;
AND THE MATERIAL FILED having been read;
IT IS HEREBY FURTHER ORDERED that the Attorney General of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied.
Granted, no order as to costs
2013-01-09 Intervener's book of authorities, Joint with 34524, Completed on: 2013-01-09 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-09 Intervener's factum, Joint with 34524, Completed on: 2013-01-09 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-09 Motion to extend time, to serve and file their factum and book of authorities to Jan. 9/13 - joint with 34524, Completed on: 2013-01-09 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-09 Notice of appearance, Barry Nychuk will be appearing Benjamin Cain MacKenzie
2013-01-08 Notice of appearance, Mahmud Jamal, David Mollica and David Rankin will be present at the hearing. Canadian Civil Liberties Association
2013-01-07 Intervener's book of authorities, Joint with 34524, Completed on: 2013-01-07 Attorney General of Ontario
2013-01-07 Intervener's factum, Joint with 34524, Completed on: 2013-01-07 Attorney General of Ontario
2013-01-04 Intervener's book of authorities, Joint with 34524, Completed on: 2013-01-04 British Columbia Civil Liberties Association
2013-01-04 Intervener's factum, Joint with 34524, Completed on: 2013-01-04 British Columbia Civil Liberties Association
2013-01-03 Intervener's book of authorities, Joint with 34524, Completed on: 2013-01-03 Canadian Civil Liberties Association
2013-01-03 Intervener's factum, Joint with 34524, Completed on: 2013-01-03 Canadian Civil Liberties Association
2012-12-10 Notice of hearing sent to parties
2012-11-22 Correspondence received from, Burke Robertson rec'd by email Nov. 22/12 re: change of solicitor Attorney General of Ontario
2012-11-22 Appeal hearing scheduled, 2013-01-22, (to be heard with 34524)
Judgment reserved
2012-11-05 Order on motion for leave to intervene, (BY LEBEL J.) (joint with 34524)
2012-11-05 Decision on the motion for leave to intervene, (joint with 34524), LeB, UPON APPLICATIONS by the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted and the said four interveners shall be entitled to each serve and file a single factum not to exceed 10 pages in length on or before January 7, 2013.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions
Granted
2012-11-05 Submission of motion for leave to intervene, LeB
2012-10-30 Appeal perfected for hearing
2012-10-29 Respondent's book of authorities, Completed on: 2012-10-29 Her Majesty the Queen
2012-10-29 Respondent's factum, Completed on: 2012-10-29 Her Majesty the Queen
2012-10-15 Reply to the motion for leave to intervene, (Letter Form), from Tamir Israel dated October 15/12, Completed on: 2012-10-15 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-10-09 Response to the motion for leave to intervene, (Letter Form), from François Lacasse dated October 9/12, Completed on: 2012-10-09 Her Majesty the Queen
2012-10-02 Response to the motion for leave to intervene, (Letter Form), from François Lacasse dated Sept 27/12 (joint with 34524), Completed on: 2012-10-02 Her Majesty the Queen
2012-10-02 Motion for leave to intervene, (Book Form), Completed on: 2012-10-02 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-09-24 Motion for leave to intervene, (Book Form), (joint with 34524), Completed on: 2012-09-24 Canadian Civil Liberties Association
2012-09-24 Motion for leave to intervene, (Book Form), (joint with 34524), Completed on: 2012-09-24 British Columbia Civil Liberties Association
2012-09-17 Motion for leave to intervene, (joint with 34524), Completed on: 2012-09-17 Attorney General of Ontario
2012-09-04 Appellant's record, (Book Form), 2 volumes, Completed on: 2012-09-04 Benjamin Cain MacKenzie
2012-09-04 Appellant's book of authorities, (Book Form), Completed on: 2012-09-04 Benjamin Cain MacKenzie
2012-09-04 Appellant's factum, (Book Form), Completed on: 2012-09-04 Benjamin Cain MacKenzie
2012-06-11 Notice of appeal, Completed on: 2012-06-11 Benjamin Cain MacKenzie
2012-05-11 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-05-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-05-11 Judgment on leave sent to the parties
2012-05-10 Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on January 9, 2012, the application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1765, 2011 SKCA 64, dated May 25, 2011, is granted without costs. This appeal is to be heard with Mandeep Singh Chehil v. Her Majesty the Queen (34524).
Granted, without costs
2012-01-27 Transcript received, (22 pages)
2012-01-09 Judgment reserved OR rendered with reasons to follow
2012-01-09 Hearing of the application for leave to appeal, 2012-01-09, CJ De Cro
Judgment reserved
2012-01-09 Correspondence received from, Acknowledgment and consent Her Majesty the Queen
2012-01-09 Correspondence received from, Acknowledgment and consent Benjamin Cain MacKenzie
2012-01-09 Correspondence received from, Barry Nychuk dated January 6, 2012. Re: No objections to the two filings Her Majesty the Queen
2012-01-06 Correspondence received from, Moira Dillon dated January 6, 2012. Re: Two documents to be filed (Submitted in Court on January 9, 2012) Benjamin Cain MacKenzie
2012-01-05 Notice of appearance, Barry Nychuk will be present at the hearing. Benjamin Cain MacKenzie
2011-12-29 Correspondence (sent by the Court) to, Mr. Curliss with c.c. to all parties re: Videoconference
2011-12-21 Notice of appearance, Mr. Douglas G. Curliss will be appearing Her Majesty the Queen
2011-12-08 Notice of hearing sent to parties, (oral hearing on application for leave)
2011-12-06 Appeal hearing scheduled, 2012-01-09, (Starting time 10:30am)
2011-11-25 Correspondence received from, Mr. Lacasse re: request for videoconference Her Majesty the Queen
2011-11-25 Correspondence received from, (Letter Form), François Lacasse, dated Nov.25, 2011, re.: Mr. Curliss wishes to appear at oral hearing by videoconference. Her Majesty the Queen
2011-11-24 Order by, CJ De Cro, The request for an oral hearing of the application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1765, 2011 SKCA 64, dated May 25, 2011 is granted. The hearing is scheduled for January 9, 2012.
Oral hearing ordered
2011-10-11 All materials on application for leave submitted to the Judges, 2012-01-09, CJ De Cro
Judgment reserved
2011-10-05 Correspondence received from, Moira Dillion dated Oct.4, 2011 re.: amendments to the notice Benjamin Cain MacKenzie
2011-09-19 Respondent's response on the application for leave to appeal, Completed on: 2011-09-19 Her Majesty the Queen
2011-08-25 Correspondence received from, Applicant - oral hearing requested, grounds are set out in the memorandum of argument. Benjamin Cain MacKenzie
2011-08-24 Letter acknowledging receipt of a complete application for leave to appeal
2011-08-23 Application for leave to appeal, Oral Hearing Requested pursuant to s. 43(1.2), Amended notice rec'd Oct.4, 2011, Completed on: 2011-08-24 Benjamin Cain MacKenzie

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
MacKenzie, Benjamin Cain Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
British Columbia Civil Liberties Association Intervener Active
Canadian Civil Liberties Association Intervener Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic Intervener Active

Counsel

Party: MacKenzie, Benjamin Cain

Counsel
Barry Nychuk
Adam A. Fritzler
Richmond Nychuk
100 - 2255 Albert Street
Regina, Saskatchewan
S4P 2V5
Telephone: (306) 359-0202
FAX: (306) 359-0330
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Her Majesty the Queen

Counsel
Douglas G. Curliss
Mark Covan
Douglas Curliss, Q.C.
Public Prosecution Service of Canada
123 - 2nd Avenue South, 10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4763
FAX: (306) 975-4507
Email: doug.curliss@ppsc.sppc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca

Party: Attorney General of Ontario

Counsel
Amy Alyea
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4187
FAX: (416) 326-4656
Email: amy.alyea@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: British Columbia Civil Liberties Association

Counsel
Michael A. Feder
H. Michael Rosenberg
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Civil Liberties Association

Counsel
Mahmud Jamal
David Mollica
W. David Rankin
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Counsel
Tamir Israel
University of Ottawa
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website 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.

Lower court rulings

October 20, 2009
Court of Queen’s Bench of Saskatchewan

2009 SKQB 415, CR 9 of 2007

Voir dire ruling: search violated s. 8 of the Charter; evidence excluded pursuant to s. 24(2)
May 25, 2011
Court of Appeal for Saskatchewan

1765, 2011 SKCA 64

Crown appeal allowed: matter remitted to a judge of the Court of Queen’s Bench for a trial on the evidence

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

Select format
Select language

Select format
Select language
Date modified: 2025-02-27