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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 – May 23, 2026: Guns in a Locker

This week's top three summaries: R v Paddy, 2026 SKCA 27: #prejudice v probative, R v ML, 2026 ONCA 339: #principled exp'n, R v DP, 2026 NSCA 34: #reasons on credibility R v Paddy, 2026 SKCA 27 [February 20, 2026] Conduct outside Indictment Period: Prejudicial Value [Reasons by Jeffrey D. Kalmakoff J.A. with Jillyne M. Drennan and Naheed Bardai JJ.A. concurring] AUTHOR'S NOTE: Conduct that is the same as, or substantially similar to, the alleged offending behaviour but falls outside the...

The Defence Toolkit – May 16, 2026: Jury Challenge for Drug Use

This week's top three summaries: R v Sullivan, 2026 ABCA 140: #challenge for cause, R v Lekhraj, 2026 BCCA 175: accused #character, R v RN, 2026 ONCA 315: accused #fabrication R v Sullivan, 2026 ABCA 140 [April 29, 2026] Jury Challenge for Cause: Attitudes towards Drug Addicts [Kevin Feehan, Alice Wooley, and Tamara Friesen JJ.A.] AUTHOR'S NOTE: The standard for permitting a challenge for cause is low. In practice, however, courts often do not treat it that way unless there is already a...

The Defence Toolkit – May 9, 2026: Mistaken Identity

This week's top three summaries: R v TG, 2026 ONCA 298: s.9 #mistake ID, R v JHC, 2026 ONCA 285: non-verbal #consent, R v SF, 2026 ONCA 293: bad character #consent R v TG, 2026 ONCA 298 [April 29, 2026] Charter s.9: A Case of Mistaken Identity [Reasons on s.9 by Pomerance J.A. with J. George and L Favreau J.A. concurring on s.9, but forming different Majority on s.24(2) exclusion] AUTHOR'S NOTE: A lawful arrest requires both subjective belief and objectively reasonable grounds. The objective...
The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

This week's top three summaries: R v Fitzpatrick, 2026 ONCA 261: #resemblance ID, R v Applegarth, 2026 ABCA 122: #murder intent, R v Deidun, 2026 ONCA 211: #procuring elements R v Fitzpatrick, 2026 ONCA 262 [March 25, 2026] Identification Evidence: Resemblance...

The Defence Toolkit – April 18, 2026: Defence Family Collusion

The Defence Toolkit – April 18, 2026: Defence Family Collusion

This week's top three summaries: R v AS, 2026 ONCA 241: #family fabrication, R v Comber, 2026 MBCA 27: #murder common sense, R v Nordquist, 2026 SKCA 20: #self-defence R v AS, 2026 ONCA 241 [April 2, 2026] Accused Exculpatory Evidence: Family Fabrication [Reasons by...

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

This week's top three summaries: R v Hawco, 2026 BCCA 69: #reasoning process, R v Weatherston, 2026 YKCA 5: 276 #judge responsible, R v AB, 2026 ONCA 116: s.7 silence R v Hawco, 2026 BCCA 69 [February 24, 2026] Beyond a Reasonable Doubt: Explicit Reasoning Process...

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The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

This week's top three summaries: R v Benn, 2026 ABCA 14: #video ID and DNA, R v Kipusi, 2026 ONCA 86: s.7 #disclosure NCR, R v JB, 2026 ONCA 44: #trust relationships R v Benn, 2026 ABCA 14 [January 19, 2026] Identification: Dangers of Video Review by Judges and Limits...

The Defence Toolkit – January 10, 2026: After the Fact Demeanour

The Defence Toolkit – January 10, 2026: After the Fact Demeanour

This week's top three summaries: R v Townsend, 2025 BCCA 459: #after the fact, R v ZML, 2025 ONCA 872: accused #fabrication, R v Meeko, 2025 NUCA 12: #bad character R v Townsend, 2025 BCCA 459 [December 22, 2025] After the Fact Conduct: Post Offence Demeanour [Reasons...

The Defence Toolkit – December 6, 2025: Courtroom Confrontation

The Defence Toolkit – December 6, 2025: Courtroom Confrontation

This week's top three summaries: R v McDonald, 2025 ONCA 807: Browne v Dunn, R v Brennan, 2025 ONSC 6116: s.8 #marijuana smell, R v MR, 2025 ONCA 789: #appeal bail R v McDonald, 2025 ONCA 807 [November 25, 2025] The Rule in Browne v Dunn [Reasons by Fairburn A.C.J.O.,...

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