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Common Law Police Powers Generated from 2020 to today: 

In the context of common law police powers and the use of the Waterfield test, this decade has not provided any evidence of a continued expansion of powers. However, much of the case law is not yet available. As the case law data becomes available and reveals the current trends, this page will be updated. 

2023 - In R. v. McColman, 2023 SCC 8, the Supreme Court of Canada endorsed the Ontario Court of Appeal's decision to reject the police power to stop a vehicle on private property. A unanimous Court stated that police must err on the side of caution when an officer is faced with uncertainty in the law (see paragraph 63).



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