Please call to schedule your free initial consultation: 403.262.1110|melanie@yycdefence.ca

Sitar Milczarek

Sitar & Milczarek

Criminal Appeals & Complex Trials

The Defence Toolkit

clawbies-winner-2020

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 5, 2024: The Principled Exception

This week's top three summaries: R v Charles, 2024 SCC 29: #principled exception, R v R.A., 2024 ONCA 696: #spontaneous utterance, and R v DPT, 2024 ABCA 299: cross-count #evidence R v Charles, 2024 SCC 29 [September 25, 2024] The Principled Exception to Hearsay [Majority Reasons by Moreau J. with Karakatsanis, Martin, and Jamal JJ. concurring]  AUTHOR’S NOTE by K. SITAR: This appeal turned on the admissibility of an out-of-court written statement provided by a Crown witness, KA. When called...

The Defence Toolkit – September 20, 2024: Crying Out

This week's top three summaries: R v Viau, 2024 ABCA 291: s271 #crying out, R v Stettner, 2024 SKCA 88: extrinsic #misconduct, and R v Brazil, 2024 ABKB 390: 11(b) #stay under 30. R v Viau, 2024 ABCA 291 [September 6, 2024] Sexual Assault: Myths and Crying Out for Help [Reasons by Jack Watson J.A. with Michelle Crighton and Jolaine Antonio JJ.A. concurring]  AUTHOR’S NOTE: In Canadian sexual assault trials, myths and stereotypes about complainants, such as the expectation that a victim would...

The Defence Toolkit – September 14, 2024: “Measuring Force in Self-Defence”

This week's top three summaries: R v CD, 2024 NLCA 22: self #defence force, R v Jenkins, 2024 ONCA 533: police lay #opinion, and R v Borhot, 2024 ABKB 438: reverse #closing submissions. R v CD, 2024 NLCA 22 [June 18, 2024] Self-Defence: Measuring Force to a Nicety Not Required [Reasons by F.J. Knickle J.A. with D.E Fry C.J.N.L. and D.M. Boone J.A. concurring]  AUTHOR’S NOTE: One of the key issues that led to a successful appeal in this case was the trial judge's failure to apply established...
The Defence Toolkit – August 31, 2024: Identifying a Voice

The Defence Toolkit – August 31, 2024: Identifying a Voice

This week's top three summaries: R v AW, 2024 ONCA 564: #voice ID, R v Jeremschuk, 2024 ABCA 268: #angry self defence, and R v Roche-Garcia, 2024 BCCA 298: s.715.1 embedded #hearsay R v AW, 2024 ONCA 564 [July 17, 2024] Voice Identification [Reasons by L. Madsen J.A....

The Defence Toolkit – July 20, 2024: Chokeholds and Legal Error

The Defence Toolkit – July 20, 2024: Chokeholds and Legal Error

This week's top three summaries: R v Hodgson, 2024 SCC 25: #error of law, R v DB, 2024 ONCA 546: accused #reaction, and R v Belval, 2024 ABCA 215: s276 con't #gatekeeper. R v Hodgson, 2024 SCC 25 [July 12, 2024] Appeals: Definition of an Error of Law, Intent for...

The Defence Toolkit – June 22, 2024: “Mistaken Beliefs”

The Defence Toolkit – June 22, 2024: “Mistaken Beliefs”

This week's top three summaries: R v JB, 2024 ONCA 465: s.276 #mistaken belief, R v Jacques-Taylor, 2024 ONCA 458: s.11(b) #joint prosecution, and R v Neville, 2024 ABCA 191: Crown appeal #limits. R v JB, 2024 ONCA 465 [June 12, 2024] s.271: Honest but Mistaken Belief...

The Defence Toolkit – June 15, 2024 “Rolled up Instruction”

The Defence Toolkit – June 15, 2024 “Rolled up Instruction”

This week's top three summaries: R v Zeng, 2024 ONCA 386: #rolled up instruction, R v AB, 2024 ONCA 446: #subjective mens rea, and R v Howitt, 2024 SKCA 51: 161 #tailoring. R v Zeng, 2024 ONCA 386 [May 15, 2024] Party Liability Jury Instructions and Crown Theory...

Browse Popular Categories

Evidence

Sentencing

Charter s.8

Appeals

Credibility

Sexual Assault

More Articles

The Defence Toolkit – June 8, 2024: “Edited Statement”

The Defence Toolkit – June 8, 2024: “Edited Statement”

This week's top three summaries: R v Purvis, 2024 NSCA 54: #editing stmt, R v Mostowy, 2024 BCCA 197: #severance, and R v Kwon, 2024 SKCA 50: #ungrounded assumptions. R v Purvis, 2024 NSCA 54 [May 22, 2024] Accused Statements: Editing Voir Dire Required, Also:...

The Defence Toolkit – May 18, 2024: Third Party Suspect

The Defence Toolkit – May 18, 2024: Third Party Suspect

This week's top three summaries: R v Appleton, 2024 ONCA 329: third party #suspect, R v AB, 2024 ONCA 111: CI #privilege, and R v Burkhard, 2024 ONCA 353: prior #consistent stmts. R v Appleton, 2024 ONCA 329 [May 2, 2024] Third Party Suspect: No Need for Application...

The Defence Toolkit – May 11, 2024

The Defence Toolkit – May 11, 2024

This week's top three summaries: R v Tayo Tompouba, 2024 SCC 16: #French rights, R v Williams, 2024 ONSC 1170: s.8 #abandonment, and R v DD, 2024 ABCJ 99: SOIRA exemption. R v Tayo Tompouba, 2024 SCC 16 [May 3, 2024] Section 530(1): Official Language Minority Rights...

The Defence Toolkit – May 4, 2024: “May the Force be With You”

The Defence Toolkit – May 4, 2024: “May the Force be With You”

This week's top three summaries: R v Thomas, 2024 NWTCA 3: Mens Rea & Actus Reus, R v Criece, 2024 SKCA 41: sentence #gap, and R v Morris, 2024 SKCA 36: #automatism. Our firm focuses on representation in complex criminal trials and criminal appeals. We also...

The lawyers at Sitar & Milczarek love written advocacy and ghostwriting services

Our lawyers have been litigating criminal trials and appeals for over 16 years in courtrooms throughout Canada. We can be of assistance to your practice. Whether you are looking for an appeal referral or some help with a complex written argument, our firm may be able to help. Our firm provides the following services available to other lawyers for referrals or contract work:

  1. Criminal Appeals
  2. Complex Criminal Litigation
  3. Ghostwriting Criminal Legal Briefs

Please review the rest of the website to see if our services are right for you.

Stay Up to Date With The Latest News & Updates

Follow Us

Keep up to date with latest news and content in criminal law