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 – October 4, 2025: Police Agents

by Pawel Milczarek | 4 October 2025 | Charter s.8, Delayed Report, Police Agent, Propensity Reasoning, Sexual Assault | 0 Comments

This week's top three summaries: R v Pham, 2025 BCCA 324: police #agent, R v KWP, 2025 ABCA 312: judge #propensity, R v IJM, 2025 ABCA 311: 271 #delayed report R. v. Pham, 2025 BCCA 324 [September 17, 2025] Charter s.8: Corporate Police Agency [Reasons by Dewitt-Van Oosten J.A. with Groberman and Edelmann JJ.A. concurring] AUTHOR'S NOTE: Police–Corporate Cooperation and the Erosion of Privacy One of the most significant threats to privacy today lies in the cooperation between police agencies...

The Defence Toolkit – September 20, 2025: Common Unlawful Purpose

by Pawel Milczarek | 20 September 2025 | Party Liability, Possession, Reasonable Apprehension of Bias | 0 Comments

This week's top three summaries: R v Mohamed, 2025 ONCA 611: #parties 21(2), R v Hambleton, 2025 ONSC 5061: #bias appeals, R v JC, 2025 ABCJ 120: #possession hot potato R. v. Mohamed, 2025 ONCA 611 [September 5, 2025] s.21(2) Common Unlawful Purpose and Murder [Reasons by Fairburn A.C.J.O. with S. Gomery and D.A. Wilson JJ.A. concurring] AUTHOR'S NOTE: Justice Fairburn on Party Liability to Murder under s. 21(2) Criminal Code Justice Fairburn offers a clear and accessible explanation of party...

The Defence Toolkit – September 13, 2025: Mens Rea and Failure Offences

by Pawel Milczarek | 13 September 2025 | Alibi, Charter 11(b), Fundamental Concepts, Subjective Mens Rea | 0 Comments

This week's top three summaries: R v Emereuwa, 2025 SKCA 83: #failure and intent, R v Dos Santos, 2025 ONCA 598: 11(b) #mistrial, R v DM, 2025 ABCJ 134: #alibi R v Emereuwa, 2025 SKCA 83 [September 3, 2025] Statutory Interpretation of Required Mens Rea and Failure to Provide a Breath Sample [Reasons by Kilback J.A. with Leurer C.J.S and Drennan J.A. concurring] AUTHOR'S NOTE: The Saskatchewan Court of Appeal clarified that “true crimes” require both intent to commit the prohibited act and...

The Defence Toolkit – August 30, 2025: A Group Attack

Aug 30, 2025

This week's top three summaries: R v Sels, 2025 ONCA 592: #defence v group, R v Singh, 2025 ONCA 498: directed #verdict guilty?, R v Pierre, 2025 ABCA 589: #instructions after-the-fact R v Sels, 2025 ONCA 592 [August 14, 2025] Self Defence: Against a Perceived Group...

The Defence Toolkit – August 16, 2025: Reasons for Non-Consent

Aug 16, 2025

This week's top three summaries: R v PE, 2025 ABCA 272: prior #victimization, R v Thomson, 2025 ONCA 500: s.10(b) strip #search, R v Harding, 2025 ABCA 266: preventing #cross R v PE, 2025 ABCA 272 [August 8, 2025] Crown-led Sexual History Evidence: Prior Sexual...

The Defence Toolkit – August 2, 2025: Diminished Moral Blameworthiness

Aug 2, 2025

This week's top three summaries: R v IM, 2025 SCC 23: YCJA adult #sentences, R v Stewart, 2025 NSCA 57: #blackout & consent, R v Rashed, 2025 ONCA 515: #accessory wilful blindness R v IM, 2025 SCC 23 [July 18, 2025] Youth Criminal Justice Act sentencing: Adult...

The Defence Toolkit – July 19, 2025: Crown discretion

Jul 19, 2025

This week's top three summaries: R v Varennes, 2025 SCC 22: #Crown discretion review, R v JN, 2025 ONSC 4041: #bad character, R v AC, 2025 ONSC 3892: #admissions explanation R v Varennes, 2025 SCC 22 [July 11, 2025] Review of Crown Discretion: Charter 24(1), Abuse of...

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The Defence Toolkit – July 12, 2025: Intoxication

Jul 12, 2025

This week's top three summaries: R v Crossley, 2025 BCCA 224: #intoxication & #murder, R v Khan, 2025 ABKB 357: s.9 #pill bottle, R v Barker, 2025 ONSC 3513: s.9 #onus and #ruse R v Crossley, 2025 BCCA 224 [June 27, 2025] Murder: Defence of Intoxication [Reasons...

The Defence Toolkit – July 5, 2025: A Flashback

Jul 5, 2025

This week's top three summaries: R v Singh, 2025 ONCA 460: #omissions and #flashbacks, R v OW, 2025 ONSC 2922: #exclusive opportunity ID, R v Grant and Scott, 2025 ONSC 3513: s.9 #grounds for arrest R v Singh, 2025 ONCA 460 [June 25, 2025] Reliability: Omissions to...

The Defence Toolkit – June 28, 2025: Ares v. Venner and Expert Evidence

Jun 28, 2025

This week's top three summaries: R v Willier, 2025 ABKB 370: Ares v Venner #Expert Evidence, R v Zabihullah, 2025 SKCA 64: 11(b) particular #complexity, R v Moazami, 2025 BCCA 189: trial #aggravating sentence R v Willier, 2025 ABKB 370 [June 18, 2025] The Common Law...

The Defence Toolkit – June 21, 2025: Crown-led Sexual History

Jun 21, 2025

This week's top three summaries: R v Kinamore, 2025 SCC 19: Crown s.276 and #sexual inactivity, R v Chiarelli, 2025 ONCA 428: lay #trafficking opinion, R v Attachie, 2025 BCCA 183: Nahanee and GP #mitigation R v Kinamore, 2025 SCC 19 [June 13, 2025] Sexual History...

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