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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 – September 13, 2025: Mens Rea and Failure Offences

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 – September 6, 2025: The Grainy Video and Circumstantial Evidence

This week's top three summaries: R v Meier, 2025 MBCA 74: #gun #video circumstantial, R v DL, 2025 SKCA 498: #excessive intervention, R v Moore, 2025 PECA 589: cross on #discreditable R v Meier, 2025 MBCA 74 [August 18, 2025] Circumstantial Evidence: Video Recording without Details [Reasons by Anne Turner J.A. with Holly Beard and Marc Monnin JJ.A. concurring] AUTHOR'S NOTE: This case represents a rare instance where an acquittal at trial was upheld on appeal due to the insufficiency of...

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

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 Attack [Reasons by Pomerance J.A. with B.W. Miller and D.A. Wilson JJ.A. concurring] AUTHOR'S NOTE: The assessment of self-defence by a trier of fact is inherently context-specific. A critical contextual factor in this analysis is...
The Defence Toolkit – July 19, 2025: Crown discretion

The Defence Toolkit – July 19, 2025: Crown discretion

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...

The Defence Toolkit – July 12, 2025: Intoxication

The Defence Toolkit – July 12, 2025: Intoxication

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

The Defence Toolkit – July 5, 2025: A Flashback

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...

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

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

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...

The Defence Toolkit – June 14, 2025: Expert Evidence

The Defence Toolkit – June 14, 2025: Expert Evidence

This week's top three summaries: R v Whitby, 2025 SKCA 55: #expert evidence, R v Herman-Ward, 2025 ABCJ 101:s.10(b) #perfunctory, R v McQuarrie, 2025 ONSC 2955: #prisoner disclosure R v Whitby, 2025 SKCA 55 [June 6, 2025] Expert Evidence Admissibility: Testing of...

The Defence Toolkit – May 31, 2025: Pre-Trial Detention

The Defence Toolkit – May 31, 2025: Pre-Trial Detention

This week's top three summaries: R v JW, 2025 SCC 16: pre-trial #custody, R v Folk, 2025 ONSC 3052:s.10(b) #choice, R v SC, 2025 ONSC 1887: s.8 YO strip #search R v JW, 2025 SCC 16 [May 23, 2025] Pre-Trial Custody Credit: Wrongful Actions Causing no Enhanced Credit,...

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