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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 – February 22, 2025: Parole Eligibility and Pre-Trial Custody

This week's top three summaries: R v Sheepway, 2025 YKCA 1: #parole & pre-trial custody, R v Khamvongsa, 2025 ABCA 43: #inconsistencies and R v Wendt and Ferri, 2025 ONSC 812: s.8 home #safety search R v Sheepway, 2025 YKCA 1 [February 11, 2025] Harsh Pre-Trial Conditions and Parole Eligibility on Second Degree Murder [Reasons by Griffin J.A. with Butler J.A concurring and Charlesworth J.A. dissenting]  AUTHOR’S NOTE: A second-degree murder conviction requires a life sentence, but the...

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 [Reasons by Horsman J.A. with Fenton and Iyer JJ.A. concurring]  AUTHOR’S NOTE: Sexual role play involving a lack of consent as part of the act presents complex legal challenges. Under Canadian law, broad advance consent is...

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 [Lisa A. Silver J.]  AUTHOR’S NOTE: Severance of charges can be crucial for the defence in several ways. An accused may wish to testify on some charges but not others. In jury trials, multiple charges can create undue prejudice,...
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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The Defence Toolkit – November 2, 2024: Constructive Possession

The Defence Toolkit – November 2, 2024: Constructive Possession

This week's top three summaries: R v Roy, 2024 SKCA 98: #possession, R v Gill, 2024 ABKB 623: recovered #memory, and R v Russel, 2024 BCCA 353: mental health #mitigation R v Roy, 2024 SKCA 98 [October 22, 2024] Circumstantial Evidence of Possession [Reasons by Jillyne...

The Defence Toolkit – October 26, 2024: Priming a Challenge

The Defence Toolkit – October 26, 2024: Priming a Challenge

This week's top three summaries: R v Zamer, 2024 ONSC 4884: #challenge for cause, R v DAD, 2024 YKCA 9: min sentence #overturned, and R v Chartrand, 2024 BCCA 355: Browne v Dunn R v Zamer #5, 2024 ONSC 4884 [September 13, 2024] Challenge for Cause Process: Jury...

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