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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 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 "Consistent" with Trauma [Reasons by Rouleau J.A. with L.B. Roberts and L. Favreau JJ.A concurring]  AUTHOR’S NOTE: Expert psychological evidence often tries to introduce specialized knowledge into criminal cases, particularly in...

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 Interpretation [Reasons by Pepall J.A. with A. Harvison Young and L. Sossin JJ.A concurring]  AUTHOR’S NOTE: The s.14 Charter right to an interpreter ensures that individuals who do not understand the language of court proceedings have...

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 Reid Technique [Reasons by David Brown J.A. with Janet Simmons and L. Favreau JJ.A concurring]  AUTHOR’S NOTE: The Reid Technique has been widely litigated in criminal cases, and while this decision did not explicitly add it...
The Defence Toolkit: February 15, 2024 – Role Play

The Defence Toolkit: February 15, 2024 – Role Play

This week's top three summaries: R v T.S., 2025 BCCA 25: #consent & role play, R v Khamvongsa, 2025 BCCA 33: 24(2) on s.8 breach and R v Stevenson, 2025 SKCA 13: DO #sentencing R v T.S., 2025 BCCA 25 [January 31, 2025] Sexual Assault: Role Play and Consent...

The Defence Toolkit – February 8, 2025 – Severing Charges

The Defence Toolkit – February 8, 2025 – Severing Charges

This week's top three summaries: R v Boucher, 2025 ABKB 56: charges #severance, R v Leonard, 2025 ONCA 57: insufficient #reasons and R v Buonomo, 2025 ONCA 62: BPA #fentanyl R v Boucher, 2025 ABKB 56 [January 30, 2025] Severance of Charges: Murder and Other Offences...

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The Defence Toolkit – January 25, 2025: Video Statements

The Defence Toolkit – January 25, 2025: Video Statements

This week's top three summaries: R v Reves, 2025 ABCA 5: s.715.1 #statements, R v SLB, 2024 ABCA 412: #historical memory, and R v RB-C, 2024 ONCA 930: 11(b) post-conviction R v Reves, 2025 ABCA 5 [January 9, 2025] Admissibility of s.715.1 Statements: Context of Prior...

The Defence Toolkit – December 21, 2024: Non-stranger Identification

The Defence Toolkit – December 21, 2024: Non-stranger Identification

This week's top three summaries: R v DGA, 2024 SKCA 114: prior ID non-stranger, R v Watson, 2024 ONSC 6781: #duress, and R v Osaigbovo, 2024 ONSC 6914: no reasons = #mistrial R v DGA, 2024 SKCA 114 [December 10, 2024] Identification Evidence: Non-Strangers and Prior...

The Defence Toolkit – December 7, 2024: Oppressive Conditions

The Defence Toolkit – December 7, 2024: Oppressive Conditions

This week's top three summaries: R v TD, 2024 ABKB 605: #voluntariness, R v Williams, 2024 ONSC 6707: s.8: indiscernible items, and R v Gorges, 2024 ONCA 870: s.276 #procedure R v TD, 2024 ABKB 605 [October 11, 2024] Voluntariness - Oppressive Conditions - Complete...

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