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The Defence Toolkit | appeallawyer.ca
The Defence Toolkit — June 22, 2024: “Mistaken Beliefs” | appeallawyer.ca
Author
Pawel Milczarek | appeallawyer.ca
yycadmin | appeallawyer.ca
Category
Appeals | appeallawyer.ca
Charter 11(b) | appeallawyer.ca
Honest but Mistaken Belief in Consent for Sex | appeallawyer.ca
Fundamental-concepts
Subjective Mens Rea | appeallawyer.ca
French Language Rights | appeallawyer.ca
Jury Charge — Isolating Evidence | appeallawyer.ca
Sentencing | appeallawyer.ca
s.161 — Contact with Children | appeallawyer.ca
Common Sense Assumptions | appeallawyer.ca
Probative v Prejudicial | appeallawyer.ca
Severance | appeallawyer.ca
Vetrovec Witnesses | appeallawyer.ca
Confidential Informants | appeallawyer.ca
Prior Consistent Statements | appeallawyer.ca
Third Party Suspect | appeallawyer.ca
Gap in Record | appeallawyer.ca
Mens Reas Co-existence | appeallawyer.ca
Non-Insane Automatism | appeallawyer.ca
Capacity to Consent | appeallawyer.ca
External Facts and Credibility | appeallawyer.ca
Sexual Assault | appeallawyer.ca
Standard of Review — Sentencing | appeallawyer.ca
Charter-s-8
Abandonment | appeallawyer.ca
Disclosure | appeallawyer.ca
Fresh Evidence | appeallawyer.ca
Implied Licence to Knock | appeallawyer.ca
Hearsay | appeallawyer.ca
Narrative Exception | appeallawyer.ca
Offences | appeallawyer.ca
Possession of Stolen Property | appeallawyer.ca
Credibility | appeallawyer.ca
Implausible Recklessness | appeallawyer.ca
The Principled Exception | appeallawyer.ca
Third Party Records | appeallawyer.ca
Excessive Intervention | appeallawyer.ca
Functional Appeal | appeallawyer.ca
Re-Examination | appeallawyer.ca
Defence Reasonably Available | appeallawyer.ca
Manner of Execution | appeallawyer.ca
Motive to Fabricate | appeallawyer.ca
Warrants | appeallawyer.ca
Crown Vetting | appeallawyer.ca
Evidence | appeallawyer.ca
Plea Bargaining | appeallawyer.ca
Similar Fact | appeallawyer.ca
Dangerous Offender | appeallawyer.ca
Judges Comments Pre-Application | appeallawyer.ca
Youthful First Offender | appeallawyer.ca
Exceptional Circumstances | appeallawyer.ca
RPG Evidence in Place | appeallawyer.ca
Circumstantial Evidence | appeallawyer.ca
Experts | appeallawyer.ca
Possession | appeallawyer.ca
CSO for Serious Offence | appeallawyer.ca
Juries | appeallawyer.ca
Stand-Aside | appeallawyer.ca
SOIRA Exemption | appeallawyer.ca
NCRMD | appeallawyer.ca
Onus on a Defence | appeallawyer.ca
Accused’s Credibility — Right to Disclosure and Presence at Trial | appeallawyer.ca
Non-Warrant Excision | appeallawyer.ca
Absence of Motive to Fabricate | appeallawyer.ca
Accused Election | appeallawyer.ca
Fraud | appeallawyer.ca
No Knock | appeallawyer.ca
Sexual Purpose | appeallawyer.ca
Contact Prohibitions | appeallawyer.ca
Ineffective Assistance | appeallawyer.ca
Insufficient Reasons | appeallawyer.ca
715.1 Video Evidence | appeallawyer.ca
Joint Submissions | appeallawyer.ca
Presence at Trial s.650 | appeallawyer.ca
Procedure | appeallawyer.ca
Accused Testimony — Bare Denial | appeallawyer.ca
Charter s24(2) | appeallawyer.ca
Collusion | appeallawyer.ca
s.10(b) Violation | appeallawyer.ca
Bad Character Evidence | appeallawyer.ca
Failure to Consider Accused Evidence | appeallawyer.ca
Mr. Big Evidence | appeallawyer.ca
Sexual History s 276 | appeallawyer.ca
Challenge — Other Reasonable Cause s632 | appeallawyer.ca
Motives of Declarant | appeallawyer.ca
Uncategorized | appeallawyer.ca
Co-Conspirator’s Exception | appeallawyer.ca
Inferences for the Defence | appeallawyer.ca
Strip Search | appeallawyer.ca
Manslaughter | appeallawyer.ca
Self-Defence | appeallawyer.ca
As Soon As Practicable | appeallawyer.ca
Impaired Operation | appeallawyer.ca
Mischief | appeallawyer.ca
Charter — Detention | appeallawyer.ca
Charter 10(b) | appeallawyer.ca
Murder — First Degree — Party Liability | appeallawyer.ca
Right to Re-Consult | appeallawyer.ca
Translation Needed | appeallawyer.ca
Accused — Co-Accused trials | appeallawyer.ca
Accused — Irrelevant Factors | appeallawyer.ca
Accused Criminal Record | appeallawyer.ca
Accused Demeanour | appeallawyer.ca
Accused Exculpatory Testimony — Fabrication | appeallawyer.ca
Accused’s Right to Address Issues of Importance to Trial Judge | appeallawyer.ca
Addiction Mitigation | appeallawyer.ca
Admissions | appeallawyer.ca
Affiant Credibility Effects | appeallawyer.ca
After the Fact Conduct | appeallawyer.ca
Air of Reality | appeallawyer.ca
Alternative Suspect | appeallawyer.ca
Amicus | appeallawyer.ca
Answering Jury Questions | appeallawyer.ca
Appeal Custody | appeallawyer.ca
Assault | appeallawyer.ca
Attempted Murder | appeallawyer.ca
Authentication | appeallawyer.ca
BAC Expert | appeallawyer.ca
Bail Pending Appeal | appeallawyer.ca
Balanced Charge | appeallawyer.ca
Beyond a Reasonable Doubt | appeallawyer.ca
Border Search | appeallawyer.ca
Brown v Dunn | appeallawyer.ca
Car Search — Cannabis Act | appeallawyer.ca
Causation | appeallawyer.ca
Certificate of Analyst | appeallawyer.ca
Challenge for Cause | appeallawyer.ca
Charter s.10(a) | appeallawyer.ca
Charter s.12 | appeallawyer.ca
Charter s.14 — Interpretation Rights | appeallawyer.ca
Charter s.35 | appeallawyer.ca
Charter s.7 | appeallawyer.ca
Charter s.9 | appeallawyer.ca
Charter s24(1) Remedy | appeallawyer.ca
Choice of Counsel | appeallawyer.ca
Circumstantial Identification Evidence | appeallawyer.ca
Co-Accused Instructions | appeallawyer.ca
Collateral Consequences | appeallawyer.ca
Conditional Discharge | appeallawyer.ca
Confessions | appeallawyer.ca
Confidential Informant | appeallawyer.ca
Connection of Evidence to Violation | appeallawyer.ca
Consent | appeallawyer.ca
Consent for Search | appeallawyer.ca
Contempt of Court | appeallawyer.ca
Criminal Negligence Causing Death | appeallawyer.ca
Criminal Organization | appeallawyer.ca
Cross-Examination | appeallawyer.ca
Crown Witness Schedule | appeallawyer.ca
Dangerous Driving | appeallawyer.ca
De Minimis | appeallawyer.ca
Defence of Property | appeallawyer.ca
Defence Re-Opening | appeallawyer.ca
Defence Vukelich | appeallawyer.ca
Defences | appeallawyer.ca
Definitions | appeallawyer.ca
Delayed Reasons | appeallawyer.ca
Demonstrative Aids | appeallawyer.ca
Discoverability | appeallawyer.ca
Disreputable Witness | appeallawyer.ca
Driving Prohibitions | appeallawyer.ca
Duplicative Count | appeallawyer.ca
Duress | appeallawyer.ca
During Search Warrant Execution | appeallawyer.ca
Embellishing Grounds | appeallawyer.ca
Entrapment | appeallawyer.ca
Examination of Exhibits for Smell | appeallawyer.ca
Excision | appeallawyer.ca
Exclusion of Offence | appeallawyer.ca
Eye-Witness Identification | appeallawyer.ca
Facial Recognition Software | appeallawyer.ca
Failure to Consider Sentence Option | appeallawyer.ca
False Confession Instruction | appeallawyer.ca
Fentanyl Trafficking | appeallawyer.ca
Firearm Offences | appeallawyer.ca
Flight from Police | appeallawyer.ca
Functus Officio | appeallawyer.ca
Gladue — Mitigation | appeallawyer.ca
Gladue — Start Point Sentences | appeallawyer.ca
Good Samaritan | appeallawyer.ca
Harsh Bail | appeallawyer.ca
Impact on Charter Protected Interest | appeallawyer.ca
Importance of Cross | appeallawyer.ca
In-Court Identification | appeallawyer.ca
Inadvertent Tainting | appeallawyer.ca
Inappropriate Notes | appeallawyer.ca
Informational Duty | appeallawyer.ca
Informer Privilege | appeallawyer.ca
Insufficient Assistance | appeallawyer.ca
Intentional Violation | appeallawyer.ca
IRCAs | appeallawyer.ca
Judge Bound by Crown Theory | appeallawyer.ca
Judicial Comity | appeallawyer.ca
Judicial Notice | appeallawyer.ca
Jurisdiction of the Court | appeallawyer.ca
Jury Charge — Opining About Evidence | appeallawyer.ca
Late Disclosure | appeallawyer.ca
Lost Disclosure | appeallawyer.ca
Mandatory Minimum | appeallawyer.ca
Memory Gaps | appeallawyer.ca
Misapprehension of Evidence | appeallawyer.ca
Miscarriage of Justice | appeallawyer.ca
Motion of Particulars | appeallawyer.ca
Murder — First Degree — deliberation | appeallawyer.ca
Murder — First Degree — via Kidnapping | appeallawyer.ca
Murder Parole Eligibility Reduction | appeallawyer.ca
Necessity | appeallawyer.ca
Obstructing Peace Officer | appeallawyer.ca
Opinion Evidence | appeallawyer.ca
Overbreadth of Legislation | appeallawyer.ca
Overturning a Guilty Plea | appeallawyer.ca
Party Liability | appeallawyer.ca
Police Officers | appeallawyer.ca
Probation | appeallawyer.ca
Procedural Defences | appeallawyer.ca
Prosecution Closing | appeallawyer.ca
Provocation | appeallawyer.ca
Racial Bias Instructions | appeallawyer.ca
Racialized Minorities | appeallawyer.ca
Reasonable Apprehension of Bias | appeallawyer.ca
Reasonable Expectation of Privacy | appeallawyer.ca
Reasonable Grounds | appeallawyer.ca
Reasonable Suspicion | appeallawyer.ca
Refusal | appeallawyer.ca
Rehabilitation | appeallawyer.ca
Repudiation of Pleaa | appeallawyer.ca
Res Gestae | appeallawyer.ca
Res Judicata | appeallawyer.ca
Resist Arrest | appeallawyer.ca
Resolving Conflicting Versions | appeallawyer.ca
Response to Undercover Surveillance | appeallawyer.ca
Reverse Disclosure | appeallawyer.ca
Right to Counsel s. 146 | appeallawyer.ca
Right to Silence | appeallawyer.ca
Ruse Traffic Stops | appeallawyer.ca
Safety Search | appeallawyer.ca
Search by Presence during Private Conversation | appeallawyer.ca
Search Incident to Arrest | appeallawyer.ca
Search of Cell Incident to Arrest | appeallawyer.ca
Seized Cell Calls — Baldtree | appeallawyer.ca
Sense of Touch | appeallawyer.ca
Sentencing Principles | appeallawyer.ca
Setting Aside Guilty Plea | appeallawyer.ca
Sexual Offences Against Children | appeallawyer.ca
Share Trafficking | appeallawyer.ca
Start-Points | appeallawyer.ca
State Misconduct | appeallawyer.ca
Stay of Proceedings | appeallawyer.ca
Stereotypes of Human Behaviour | appeallawyer.ca
Text Messages | appeallawyer.ca
The Information/Indictment | appeallawyer.ca
The W(D) Instruction | appeallawyer.ca
Totality | appeallawyer.ca
Underlying Assumptions | appeallawyer.ca
Uneven Scrutiny | appeallawyer.ca
Unreasonable Verdict | appeallawyer.ca
Unresponsive Answers | appeallawyer.ca
Use of Civil Judgment | appeallawyer.ca
Use of Old Certificates — Over 80 | appeallawyer.ca
Vague Statements of Accused | appeallawyer.ca
Veracity of Other Witnesses | appeallawyer.ca
Victim Supporters | appeallawyer.ca
Video Evidence | appeallawyer.ca
Voir Dire Format | appeallawyer.ca
Voyeurism | appeallawyer.ca
Want of Prosecution | appeallawyer.ca
Warrantless Entry onto Property | appeallawyer.ca
Without Delay | appeallawyer.ca
Witness Protection Program | appeallawyer.ca
YCJA | appeallawyer.ca
Young Witness Testimony | appeallawyer.ca
Waiver | appeallawyer.ca
Publication — Anonymization | appeallawyer.ca
Overseizure | appeallawyer.ca
Pre-Trial Custody | appeallawyer.ca
Police Drug Experts | appeallawyer.ca
Exhortation | appeallawyer.ca
Murder — Mens Rea — Mental Health | appeallawyer.ca
▼
The Defence Toolkit — June 15, 2024 “Rolled up Instruction” | appeallawyer.ca
The Defence Toolkit — June 8, 2024: “Edited Statement” | appeallawyer.ca
The Defence Toolkit — May 11, 2024 | appeallawyer.ca
The Defence Toolkit — May 4, 2024: “May the Force be With You” | appeallawyer.ca
The Defence Toolkit — April 20, 2024: Blackout | appeallawyer.ca
The Defence Toolkit — April 13, 2024: “Murder Advice” | appeallawyer.ca
Blog Categories | appeallawyer.ca
The Defence Toolkit — April 6, 2024: Right to Counsel | appeallawyer.ca
The Defence Toolkit — March 30, 2024: The Agent of Entrapment | appeallawyer.ca
The Defence Toolkit — March 23, 2024: Guns Exclusion on Rights to Counsel | appeallawyer.ca
The Defence Toolkit — March 16, 2024: “Common Sense Assumptions” | appeallawyer.ca
The Defence Toolkit — May 18, 2024: Third Party Suspect | appeallawyer.ca
The Defence Toolkit — March 8, 2024: Reasonable Expectation of Privacy | appeallawyer.ca
The Defence Toolkit — December 2, 2023: “Implied Licence to Knock” | appeallawyer.ca
The Defence Toolkit — November 25, 2023: Prior Consistent Statements | appeallawyer.ca
The Defence Toolkit — November 18, 2023: Principled Exception to Hearsay | appeallawyer.ca
The Defence Toolkit — November 11, 2023: Excessive Judicial Intervention | appeallawyer.ca
The Defence Toolkit — March 2, 2024 “Assumptions about Dealers” | appeallawyer.ca
The Defence Toolkit — March 4, 2023 | appeallawyer.ca
The Defence Toolkit — February 11, 2023 | appeallawyer.ca
The Defence Toolkit — January 28, 2023 | appeallawyer.ca
The Defence Toolkit — May 28, 2022 | appeallawyer.ca
The Defence Toolkit — May 21, 2022 | appeallawyer.ca
The Defence Toolkit — February 17, 2024: “Crown onus” | appeallawyer.ca
The Defence Toolkit — December 9, 2023: The state cannot benefit from illegal police acts | appeallawyer.ca
The Defence Toolkit — June 3, 2023 — “Breach of Policy or Fraud?” | appeallawyer.ca
The Defence Toolkit — February 10, 2024: “Please knock before entry” | appeallawyer.ca
The Defence Toolkit — October 7, 2023 | appeallawyer.ca
The Defence Toolkit — September 30, 2023 — “Ex Parte” | appeallawyer.ca
The Defence Toolkit — October 30, 2021 | appeallawyer.ca
The Defence Toolkit — March 7, 2021 | appeallawyer.ca
The Defence Toolkit — January 30, 2021 | appeallawyer.ca
The Defence Toolkit — October 16, 2021 | appeallawyer.ca
The Defence Toolkit — April 17, 2021 | appeallawyer.ca
The Defence Toolkit — July 30, 2022 | appeallawyer.ca
The Defence Toolkit — January 26, 2024 “Extrinsic Evidence” | appeallawyer.ca
The Defence Toolkit — October 28, 2023: “An Inferential Gap” | appeallawyer.ca
The Defence Toolkit — October 21, 2023 | appeallawyer.ca
The Defence Toolkit — April 22, 2023 | appeallawyer.ca
The Defence Toolkit — July 1, 2023 “Obviously motivated by self-interest.” | appeallawyer.ca
The Defence Toolkit — October 1, 2022 | appeallawyer.ca
The Defence Toolkit — June 5, 2021 | appeallawyer.ca
The Defence Toolkit — February 6, 2021 | appeallawyer.ca
The Defence Toolkit — February 18, 2023 | appeallawyer.ca
The Defence Toolkit — May 14, 2022 | appeallawyer.ca
The Defence Toolkit — February 24, 2024: “A single photo” | appeallawyer.ca
The Defence Toolkit — October 14, 2023: “choices they would not have made when sober” | appeallawyer.ca
The Defence Toolkit — September 16, 2023 “No Memory of What Happened” | appeallawyer.ca
The Defence Toolkit — May 29, 2021 | appeallawyer.ca
The Defence Toolkit — June 10, 2023 | appeallawyer.ca
The Defence Toolkit — June 4, 2022 | appeallawyer.ca
The Defence Toolkit — April 30, 2022 | appeallawyer.ca
The Defence Toolkit — April 23, 2022 | appeallawyer.ca
The Defence Toolkit — July 15, 2023 “Understanding Fundamental Tenets of Criminal Law” | appeallawyer.ca
The Defence Toolkit — June 25, 2022 | appeallawyer.ca
The Defence Toolkit — April 2, 2022 | appeallawyer.ca
The Defence Toolkit — November 7, 2021 | appeallawyer.ca
The Defence Toolkit — May 27, 2023: “DYU? — I don’t know” | appeallawyer.ca
The Defence Toolkit — January 15, 2022 | appeallawyer.ca
The Defence Toolkit — November 20, 2021 | appeallawyer.ca
The Defence Toolkit — June 26, 2021 | appeallawyer.ca
The Defence Toolkit — January 23, 2021 | appeallawyer.ca
The Defence Toolkit — January 16, 2021 | appeallawyer.ca
The Defence Toolkit — February 19, 2022 | appeallawyer.ca
The Defence Toolkit — December 4, 2021 | appeallawyer.ca
The Defence Toolkit — July 29, 2023: “The Right to be a Nuissance” | appeallawyer.ca
The Defence Toolkit — May 20, 2023 “When the Witness ran from Court” | appeallawyer.ca
The Defence Toolkit — February 25, 2023 | appeallawyer.ca
The Defence Toolkit — October 23, 2021 | appeallawyer.ca
The Defence Toolkit — July 16, 2022 | appeallawyer.ca
The Defence Toolkit — September 2, 2023 | appeallawyer.ca
The Defence Toolkit — July 22, 2023 “Not Every Group of Three Persons” | appeallawyer.ca
The Defence Toolkit — March 18, 2023 | appeallawyer.ca
The Defence Toolkit — December 10, 2022 | appeallawyer.ca
The Defence Toolkit — May 13, 2023: “Manifest Frivolity” | appeallawyer.ca
The Defence Toolkit — April 1, 2023 | appeallawyer.ca
The Defence Toolkit — March 5, 2022 | appeallawyer.ca
The Defence Toolkit — August 21, 2021 | appeallawyer.ca
The Defence Toolkit — September 10, 2022 | appeallawyer.ca
The Defence Toolkit — Sept 23, 2023 “The Good Samaritan” | appeallawyer.ca
The Defence Toolkit — July 2, 2022 | appeallawyer.ca
The Defence Toolkit — May 7, 2022 | appeallawyer.ca
The Defence Toolkit — November 5, 2022 | appeallawyer.ca
The Defence Toolkit — February 26, 2022 | appeallawyer.ca
The Defence Toolkit — March 20, 2021 | appeallawyer.ca
The Defence Toolkit — April 3, 2021 | appeallawyer.ca
The Defence Toolkit — July 31, 2021 | appeallawyer.ca
The Defence Toolkit — Sept 17, 2022 | appeallawyer.ca
The Defence Toolkit — April 9, 2022 | appeallawyer.ca
The Defence Toolkit — January 20, 2024 “Off-the-Record Conversations” | appeallawyer.ca
The Defence Toolkit — June 11, 2022 | appeallawyer.ca
The Defence Toolkit — September 25, 2021 | appeallawyer.ca
The Defence Toolkit — August 28, 2021 | appeallawyer.ca
The Defence Toolkit — July 24, 2021 | appeallawyer.ca
The Defence Toolkit — April 15, 2023 | appeallawyer.ca
The Defence Toolkit — March 11, 2023 | appeallawyer.ca
The Defence Toolkit — May 8, 2021 | appeallawyer.ca
The Defence Toolkit — August 5, 2023 “Police Station Interviewing” | appeallawyer.ca
The Defence Toolkit — January 29, 2022 | appeallawyer.ca
The Defence Toolkit — November 27, 2021 | appeallawyer.ca
The Defence Toolkit — August 14, 2021 | appeallawyer.ca
The Defence Toolkit — July 11, 2021 | appeallawyer.ca
The Defence Toolkit — April 8, 2023 | appeallawyer.ca
The Defence Toolkit — March 19, 2022 | appeallawyer.ca
The Defence Toolkit — February 13, 2021 | appeallawyer.ca
The Defence Toolkit — November 13, 2021 | appeallawyer.ca
The Defence Toolkit — April 24, 2021 | appeallawyer.ca
The Defence Toolkit — February 4, 2023 | appeallawyer.ca
The Defence Toolkit — October 8, 2022 | appeallawyer.ca
The Defence Toolkit — September 3, 2022 | appeallawyer.ca
The Defence Toolkit — June 18, 2022 | appeallawyer.ca
The Defence Toolkit — January 22, 2022 | appeallawyer.ca
The Defence Toolkit — November 19, 2022 | appeallawyer.ca
The Defence Toolkit — April 16, 2022 | appeallawyer.ca
The Defence Toolkit — March 12, 2022 | appeallawyer.ca
The Defence Toolkit — December 17, 2022 | appeallawyer.ca
The Defence Toolkit — February 12, 2022 | appeallawyer.ca
The Defence Toolkit — September 18, 2021 | appeallawyer.ca
The Defence Toolkit — September 9, 2023: “Their Entire Worldly Possessions” | appeallawyer.ca
The Defence Toolkit — March 25, 2023 | appeallawyer.ca
The Defence Toolkit — November 26, 2022 | appeallawyer.ca
The Defence Toolkit — October 29, 2022 | appeallawyer.ca
The Defence Toolkit — June 12, 2021 | appeallawyer.ca
The Defence Toolkit — May 15, 2021 | appeallawyer.ca
The Defence Toolkit — December 11, 2021 | appeallawyer.ca
The Defence Toolkit — March 26, 2022 | appeallawyer.ca
The Defence Toolkit — July 3, 2021 | appeallawyer.ca
The Defence Toolkit — March 13, 2021 | appeallawyer.ca
The Defence Toolkit — January 21, 2023 | appeallawyer.ca
The Defence Toolkit — October 2, 2021 | appeallawyer.ca
The Defence Toolkit — October 9, 2021 | appeallawyer.ca
The Defence Toolkit — May 1, 2021 | appeallawyer.ca
The Defence Toolkit — May 22, 2021 | appeallawyer.ca
The Defence Toolkit — December 3, 2022 | appeallawyer.ca
The Defence Toolkit — January 8, 2022 | appeallawyer.ca
The Defence Toolkit — December 18, 2021 | appeallawyer.ca
The Defence Toolkit — February 3, 2024 “Stays for Multiple Charter Violations” | appeallawyer.ca
The Defence Toolkit — January 9, 2021 | appeallawyer.ca
The Defence Toolkit — March 27, 2021 | appeallawyer.ca
The Defence Toolkit — April 10, 2021 | appeallawyer.ca
The Defence Toolkit — September 4, 2021 | appeallawyer.ca
The Defence Toolkit — February 5, 2022 | appeallawyer.ca
The Defence Toolkit — June 19, 2021 | appeallawyer.ca
The Defence Toolkit — November 12, 2022 | appeallawyer.ca
The Defence Toolkit — February 27, 2021 | appeallawyer.ca
The Defence Toolkit — August 7, 2021 | appeallawyer.ca
The Defence Toolkit — January 13, 2024: “Murder and Mental Health” | appeallawyer.ca
The Defence Toolkit — February 20, 2021 | appeallawyer.ca