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The Defence Toolkit

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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 Tooling – May 24, 2025: Excessive Interventions

This week's top three summaries: R v Walton, 2025 ONCA 368: #excessive intervention, R v Hardestine, 2025 BCSC 889: #ruse stop, R v Serieaux, 2025 ONSC 2356: #NCRMD R v Walton, 2025 ONCA 368 [May 14, 2025] Excessive Judicial Intervention [Reasons by P. Lauwers J.A. with J. George and J. Copeland JJ.A. concurring] AUTHOR'S NOTE: This case is a textbook illustration of judicial overreach and reinforces the critical principle that judges must not only be impartial—they must be seen to be...

The Defence Toolkit – May 17, 2025: Position of Trust

This week's top three summaries: R v Selby, 2025 ABCJ 70: #trust position, R v Aleekuk, 2025 NWTCA 4: #kienapple, R v Ahola, 2025 ONSC 2614: #impaired by drug R v Selby, 2025 ABCJ 70 [April 25, 2025] Sexual Exploitation (s.153): Position of Trust [Justice G.S. Dunnigan] AUTHOR'S NOTE: This case provides a clear and comprehensive review of the legal contours of a “position of trust” under s. 153(1) of the Criminal Code—critical in cases of sexual exploitation involving 16- and 17-year-olds....

The Defence Toolkit – May 10, 2025: Unsavoury Mr Big Identification

This week's top three summaries: R v KF, 2025 ABCA 149: #principled exception ID, R v JC, 2025 ONCA 331: DO #intractability, R v Willier, 2025 ABKB 260: s8 in #medical info R v KF, 2025 ABCA 149 [April 29, 2025] Principled Exception to Hearsay: Identification by of a Third Party in a Mr. Big Confession [Kevin Feehan, William T. de Wit, Joshua B. Hawkes JJ.A.] AUTHOR'S NOTE: This case is a masterclass in distinguishing between two legal concepts that are often conflated: corroboration for...
The Defence Toolkit – April 12, 2025: Common Sense

The Defence Toolkit – April 12, 2025: Common Sense

This week's top three summaries: R v PP, 2025 ONCA 243: #arranged marriage, R v Vaughan, 2025 ONSC 1751, s.11(b) under 30, R v Admussen, 2025 ABCJ 49: #counterfeit R v PP, 2025 ONCA 243 [March 28, 2025] Commons Sense Assumptions by Judges: Arranged Marriage, Freudian...

The Defence Toolkit – April 5, 2025: Arrest outside Courtroom

The Defence Toolkit – April 5, 2025: Arrest outside Courtroom

This week's top three summaries: R v Jackson, 2025 ONSC 1677: s11(b) new #arrest, R v Stewart, 2025 ONSC 1277, #possession in glovebox, R v Zborowsky, 2025 ABCJ 44: #credibility factors R v Jackson, 2025 ONSC 1677 [March 14, 2025] Charter s.11(b): Arrest Interfering...

The Defence Toolkit – March 29, 2025: Breaches and Discoverability

The Defence Toolkit – March 29, 2025: Breaches and Discoverability

This week's top three summaries: R v James, 2025 ONCA 213: s24(2) #discoverability, R v Gordon, 2025 ONCA 201, judge #promise and GP, R v JC, 2025 ONCA 230: expanded #amicus R v James, 2025 ONCA 213 [March 20, 2025] Charter s.24(2): Discoverability and Cumulative...

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The Defence Toolkit – March 22, 2025: Trauma Psychology

The Defence Toolkit – March 22, 2025: Trauma Psychology

This week's top three summaries: R v PJC, 2025 ONCA 196: #trauma psychology, R v DeSutter, 2025 NSCA 18, #sexual images relevance, R v SK, 2025 ONCA 149: #sexual assault motives R v PJC, 2025 ONCA 196 [March 12, 2025] Expert Evidence: Psychology About Presentation...

The Defence Toolkit – March 15, 2025: The Right to Interpretation

The Defence Toolkit – March 15, 2025: The Right to Interpretation

This week's top three summaries: R v Chen, 2025 ONCA 135: s.14 #interpreter, R v Nettleton, 2025 ONCA 155,  GP and #arraignment, #penitentiary, R v Roshuk-Finch, 2025 ABCA 85: #step principle R v Chen, 2025 ONCA 168 [March 6, 2025] Charter s.14 - The Right to...

The Defence Toolkit – March 8, 2025: The Reid Technique

The Defence Toolkit – March 8, 2025: The Reid Technique

This week's top three summaries: R v Ordonio, 2025 ONCA 135: s.8 #voluntariness & time, R v Deverze, self #defence and weapon and R v Hallman, 2025 ONCA 123: #provocation R v Ordonio, 2025 ONCA 135 [February 25, 2025] Voluntariness: Length of the Interrogation and...

The Defence Toolkit – March 1, 2025: Search Warrants and Names

The Defence Toolkit – March 1, 2025: Search Warrants and Names

This week's top three summaries: R v Payne, 2025 NSCA 10: s.8 #warrant review, R v Ozeir, s.9 individual #grounds and R v Trepanier, 2025 ONSC 1200: #principled exception R v Payne, 2025 NSCA 11 [February 20, 2025] Charter s.8: Search Warrant Review: Identification of...

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