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 – 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
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
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...
The Defence Toolkit – April 4, 2026: The Condo Garage and Surveillance
This week's top three summaries: R v Lye, 2026 ONCA 188: s.8 condo #garage, R v Griggs, 2026 ONCA 135: s.8 Jones standing, R v Martinez, 2026 ABCA 44: #self-defence R v Lye, 2026 ONCA 188 [March 16, 2026] Charter s.8: Police Surveillance in Condo Garage and Garofoli...
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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
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 20, 2025: Christmas Cheer from the Courts
This week's top three summaries: R v Carignan, 2025 SCC 43: s.9 #arrest, R v Stuart, 2025 ABCA 404: #cross & s.276, R v Linklater, 2025 MBCA 104: #eye-witness ID R v Carignan, 2025 SCC 43 [December 12, 2025] Charter s.9 - The Power to Arrest is Limited by s....
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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