The Defence Toolkit

The Defence Toolkit serves up summaries and commentary on the editor’s choice of the three best Canadian criminal defence cases every week. Follow us on Twitter, Facebook, or LinkedIn to get notified of new posts.

The Defence Toolkit – October 19, 2024: Gang Membership Challenge

by Pawel Milczarek | 19 October 2024 | Accused Placement, Challenge for Cause, Functus Officio | 0 Comments

This week's top three summaries: R v Whitehawk, 2024 SKCA 95: #gang challenge, R v Lewis, 2024 ONSC 5261: counsel #table, and R v Batista, 2024 ONSC 5455: #functus officio R v Whitehawk, 2024 SKCA 95 [October 9, 2024] Challenge for Cause: Gang Membership [Reasons by Jeffrey D. Kalmakoff J.A. with Brian A. Barrington-Foote and Jillyne M. Drennan concurring] AUTHOR’S NOTE: In this case, the Saskatchewan Court of Appeal revisited the law governing challenges for cause in jury selection, with a...

The Defence Toolkit – October 12, 2024: A Ruse Stop

by Pawel Milczarek | 12 October 2024 | Appeals, disturbance, Ruse Traffic Stops | 0 Comments

This week's top three summaries: R v Gallant, 2024 ABKB 541: s.8 #ruse stop, R v Reimer, 2024 ABCJ 188: #disturbance & #mischief, and R v Clyke, 2024 NSCA 66: re-opening #appeal R v Gallant, 2024 ABKB 541 [September 16, 2024] Charter s.8: Ruse Traffic Stop [Justice Eleanor J Funk] AUTHOR’S NOTE: In this case, Justice Funk provided a critical analysis of the line between lawful "dual purpose" traffic stops and unlawful "ruse" stops under section 8 of the Charter, which protects individuals...

The Defence Toolkit – October 5, 2024: The Principled Exception

by Pawel Milczarek | 5 October 2024 | Cross Count Evidence, Spontaneous Utterance, The Principled Exception | 0 Comments

This week's top three summaries: R v Charles, 2024 SCC 29: #principled exception, R v R.A., 2024 ONCA 696: #spontaneous utterance, and R v DPT, 2024 ABCA 299: cross-count #evidence R v Charles, 2024 SCC 29 [September 25, 2024] The Principled Exception to Hearsay [Majority Reasons by Moreau J. with Karakatsanis, Martin, and Jamal JJ. concurring] AUTHOR’S NOTE by K. SITAR: This appeal turned on the admissibility of an out-of-court written statement provided by a Crown witness, KA. When called...

The Defence Toolkit – September 14, 2024: “Measuring Force in Self-Defence”

Sep 14, 2024

This week's top three summaries: R v CD, 2024 NLCA 22: self #defence force, R v Jenkins, 2024 ONCA 533: police lay #opinion, and R v Borhot, 2024 ABKB 438: reverse #closing submissions. R v CD, 2024 NLCA 22 [June 18, 2024] Self-Defence: Measuring Force to a Nicety Not...

The Defence Toolkit – September 7, 2024 “Texting about Future Sex”

Sep 7, 2024

This week's top three summaries: R v Reimer, 2024 ONCA 519: s.276 #texts, R v McKay, 2024 SKCA 72: #toxicology evidence, and R v Smockum, 2024 SKCA 81: #silence in medical interviews R v Reimer, 2024 ONCA 519 [July 2, 2024] s.276: Texts Discussing Plans for Future...

The Defence Toolkit – August 31, 2024: Identifying a Voice

Aug 31, 2024

This week's top three summaries: R v AW, 2024 ONCA 564: #voice ID, R v Jeremschuk, 2024 ABCA 268: #angry self defence, and R v Roche-Garcia, 2024 BCCA 298: s.715.1 embedded #hearsay R v AW, 2024 ONCA 564 [July 17, 2024] Voice Identification [Reasons by L. Madsen J.A....

The Defence Toolkit – July 20, 2024: Chokeholds and Legal Error

Jul 20, 2024

This week's top three summaries: R v Hodgson, 2024 SCC 25: #error of law, R v DB, 2024 ONCA 546: accused #reaction, and R v Belval, 2024 ABCA 215: s276 con't #gatekeeper. R v Hodgson, 2024 SCC 25 [July 12, 2024] Appeals: Definition of an Error of Law, Intent for...

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The Defence Toolkit – June 15, 2024 “Rolled up Instruction”

Jun 15, 2024

This week's top three summaries: R v Zeng, 2024 ONCA 386: #rolled up instruction, R v AB, 2024 ONCA 446: #subjective mens rea, and R v Howitt, 2024 SKCA 51: 161 #tailoring. R v Zeng, 2024 ONCA 386 [May 15, 2024] Party Liability Jury Instructions and Crown Theory...

The Defence Toolkit – June 8, 2024: “Edited Statement”

Jun 8, 2024

This week's top three summaries: R v Purvis, 2024 NSCA 54: #editing stmt, R v Mostowy, 2024 BCCA 197: #severance, and R v Kwon, 2024 SKCA 50: #ungrounded assumptions. R v Purvis, 2024 NSCA 54 [May 22, 2024] Accused Statements: Editing Voir Dire Required, Also:...

The Defence Toolkit – May 18, 2024: Third Party Suspect

May 18, 2024

This week's top three summaries: R v Appleton, 2024 ONCA 329: third party #suspect, R v AB, 2024 ONCA 111: CI #privilege, and R v Burkhard, 2024 ONCA 353: prior #consistent stmts. R v Appleton, 2024 ONCA 329 [May 2, 2024] Third Party Suspect: No Need for Application...

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