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 – May 2, 2026: Persistent Badgering

by Pawel Milczarek | 2 May 2026 | 715.1 Video Evidence, Charter s.8, Sexual Assault | 0 Comments

This week's top three summaries: R v SM, 2026 NSCA 30: s271 and #persistent badgering, R v Stark, 2026 SKCA 48: s.8 non-consent #inferences, R v Skiffington, 2026 BCCA 151: s715.1 #factors R v SM, 2026 NSCA 30 [April 13, 2026] Sexual Assault: Persistent Badgering is Not an Offence [Reasons by Farrar J.A. with Wood C.J.N.S. and Gogan J.A. concurring] AUTHOR'S NOTE: Consent in sexual assault law does not require desire; it requires a voluntary agreement to engage in the sexual activity. While,...

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

by Pawel Milczarek | 25 April 2026 | Identification, Murder - Specific Intent, Procuring, Resemblance Evidence | 0 Comments

This week's top three summaries: R v Fitzpatrick, 2026 ONCA 261: #resemblance ID, R v Applegarth, 2026 ABCA 122: #murder intent, R v Deidun, 2026 ONCA 211: #procuring elements R v Fitzpatrick, 2026 ONCA 262 [March 25, 2026] Identification Evidence: Resemblance Evidence [Reasons by Rahman J.A. with L.B. Roberts and R. Pomerance JJ.A. concurring] AUTHOR'S NOTE: Identification evidence is not monolithic. The case law distinguishes between various types of identification evidence including...

The Defence Toolkit – April 18, 2026: Defence Family Collusion

by Pawel Milczarek | 18 April 2026 | Accused Exculpatory Testimony - Fabrication, Common Sense Inference, Self-Defence | 0 Comments

This week's top three summaries: R v AS, 2026 ONCA 241: #family fabrication, R v Comber, 2026 MBCA 27: #murder common sense, R v Nordquist, 2026 SKCA 20: #self-defence R v AS, 2026 ONCA 241 [April 2, 2026] Accused Exculpatory Evidence: Family Fabrication [Reasons by Copeland J.A. with B. Zarnett and J.George JJ.A. concurring] AUTHOR'S NOTE: This case addresses whether alleged fabrication by defence witnesses can be attributed to the accused. The answer is no—absent independent evidence. At...

The Defence Toolkit – April 4, 2026: The Condo Garage and Surveillance

Apr 4, 2026

This week's top three summaries: R v Lye, 2026 ONCA 188: s.8 condo #garage, R v Griggs, 2026 ONCA 135: s.8 Jones standing, R v Martinez, 2026 ABCA 44: #self-defence R v Lye, 2026 ONCA 188 [March 16, 2026] Charter s.8: Police Surveillance in Condo Garage and Garofoli...

The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

Feb 28, 2026

This week's top three summaries: R v Benn, 2026 ABCA 14: #video ID and DNA, R v Kipusi, 2026 ONCA 86: s.7 #disclosure NCR, R v JB, 2026 ONCA 44: #trust relationships R v Benn, 2026 ABCA 14 [January 19, 2026] Identification: Dangers of Video Review by Judges and Limits...

The Defence Toolkit – January 10, 2026: After the Fact Demeanour

Jan 10, 2026

This week's top three summaries: R v Townsend, 2025 BCCA 459: #after the fact, R v ZML, 2025 ONCA 872: accused #fabrication, R v Meeko, 2025 NUCA 12: #bad character R v Townsend, 2025 BCCA 459 [December 22, 2025] After the Fact Conduct: Post Offence Demeanour [Reasons...

The Defence Toolkit – December 20, 2025: Christmas Cheer from the Courts

Dec 20, 2025

This week's top three summaries: R v Carignan, 2025 SCC 43: s.9 #arrest, R v Stuart, 2025 ABCA 404: #cross & s.276, R v Linklater, 2025 MBCA 104: #eye-witness ID R v Carignan, 2025 SCC 43 [December 12, 2025] Charter s.9 - The Power to Arrest is Limited by s....

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The Defence Toolkit – December 6, 2025: Courtroom Confrontation

Dec 6, 2025

This week's top three summaries: R v McDonald, 2025 ONCA 807: Browne v Dunn, R v Brennan, 2025 ONSC 6116: s.8 #marijuana smell, R v MR, 2025 ONCA 789: #appeal bail R v McDonald, 2025 ONCA 807 [November 25, 2025] The Rule in Browne v Dunn [Reasons by Fairburn A.C.J.O.,...

The Defence Toolkit – November 29, 2025: Cutthroat Fallout

Nov 29, 2025

This week's top three summaries: R v Demetroff, 2025 ABCA 373: #after the fact, R v BR, 2025 ABKB 659: s.8 school #principal, R v Robinson, 2025 ABCJ 196: #witnesses R v Demetroff, 2025 ABCA 373 [November 14, 2025] W(D): Statements led by the Crown, After the Fact...

The Defence Toolkit – November 22, 2025: Functioning Technology

Nov 22, 2025

This week's top three summaries: R v Bjil, 2025 SKCA 116: #technology, R v Lessard, 2025 ONCA 760: #NCRMD, R v Krelove, 2025 ONSC 6004: #domestic discharge R v Bijl, 2025 SKCA 116 [November 13, 2025] Evidence of Functioning Technology: Radar [Reasons by Kilback J.A....

The Defence Toolkit – November 15, 2025: Remand Retribution

Nov 15, 2025

This week's top three summaries: R v Whitlock, 2025 ONSC 6006: #remand s.12, R v EJ, 2025 ONSC 6016: #self-defence, R v CB, 2025 ONSC 6004: cross-count #similar fact R. v. Whitlock, 2025 ONSC 6006 [October 24, 2025] Charter s.12: Remand Retribution by Staff [Conlan...

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