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 25, 2025: Expert Experience and Bias

by Pawel Milczarek | 25 October 2025 | Crown Appeal, Experts | 0 Comments

This week's top three summaries: R v Matthews, 2025 ABKB 597: #expert bias, R v RL, 2025 ONCA 691: #acquittal appeal, R v Wilson, 2025 ABCA 337: #contempt R. v. Matthews, 2025 ABKB 597 [October 14, 2025] Expert Evidence: Experience and Bias [Justice Lisa A. Silver] AUTHOR'S NOTE: Excluding Expert Evidence for Insufficient Qualification and Apparent Bias Expert evidence remains a carefully limited exception to the rule against opinion evidence. Before it can be admitted, the trial judge must be...

The Defence Toolkit – October 18, 2025: Criminal Defence Crisis

by Pawel Milczarek | 18 October 2025 | Anonymous Tipster, Circumstantial Identification Evidence, Ineffective Counsel | 0 Comments

This week's top three summaries: R v BN, 2025 ABKB 535: #ineffective lawyer, R v Shah, 2025 ABKB 535: s.8 #informant, R v Mohamed Mussa, 2025 ABKB 543: #circumstantial ID R. v. BN, 2025 ABKB 535 [September 18, 2025] Ineffective Assistance of Counsel [Justice C.D. Millsap] AUTHOR'S NOTE: Judicial Courage and the Erosion of Competent Defence Representation The principles in this decision are not novel — but the courage of the trial judge to apply them faithfully is, regrettably, an outlier in...

The Defence Toolkit – October 11, 2025: The Right to Full Cross-Examination

by Pawel Milczarek | 11 October 2025 | After the Fact Conduct, Demeanour Evidence, Fundamental Concepts, Jury Charge - Relating Law to Evidence, The Right to Cross-Examination, Vetrovec Witnesses | 0 Comments

This week's top three summaries: R v IMB, 2025 ONCA 678: #cross & #demeanour, R v Daignault, 2025 ABCA 328: #cross & Vetrovec, R v Penner, 2025 YKCA 14: 271 #relating to evidence R. v. I.M.B., 2025 ONCA 678 [October 1, 2025] Reliance on Evidence when Curtailed Cross-Examination; Demeanour of the Accused [C.W. Hourigan, P.J. Monahan, and J. Dawe JJ.A.] AUTHOR'S NOTE: Limits on Curtailing Cross-Examination and the Use of Demeanour in Assessing Credibility This case is a strong reminder...

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

Sep 20, 2025

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...

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

Sep 13, 2025

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...

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

Sep 6, 2025

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...

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...

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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...

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...

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