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 18, 2024: Third Party Suspect

by Pawel Milczarek | 18 May 2024 | Confidential Informants, Prior Consistent Statements, Third Party Suspect | 0 Comments

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 if Crown Tries to Exclude [Reasons by David M. Paciocco J.A. with B.W. Miller and J. George concurring] AUTHOR’S NOTE: In this case, Justice Paciocco provides a thorough overview of the law regarding third-party suspect evidence,...

The Defence Toolkit – May 11, 2024

by yycadmin | 11 May 2024 | Abandonment, Charter s.8, French Language Rights, Fundamental Concepts, Sentencing, SOIRA Exemption | 0 Comments

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 [Reasons by Wagner C.J. with Côté, Rowe, Kasirer, and O'Bonsawin JJ. concurring, Karakatsanis and Martin JJ. dissenting] AUTHOR’S NOTE: This decision significantly strengthens the rights of official language minorities to have...

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

by Pawel Milczarek | 4 May 2024 | Fundamental Concepts, Gap in Record, Mens Reas Co-existence, Non-Insane Automatism, Sentencing | 0 Comments

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 provide ghostwriting services to other firms for written submissions. Consider us for your appeal referrals or when you need written submissions on a file. Our lawyers have been litigating criminal trials and appeals for over 16 years...

The Defence Toolkit – April 13, 2024: “Murder Advice”

Apr 13, 2024

This week's top three summaries: R v Amin, 2024 ONCA 237: #Mr Big and #murder advice, R v Patel, 2024 NSCA 40: #common sense, and R v NC, 2024 ONCA 239: #credibility of accused. Our firm focuses on representation in complex criminal trials and criminal appeals. We...

The Defence Toolkit – April 6, 2024: Right to Counsel

Apr 6, 2024

This week's top three summaries: R v Giroux, 2024 ABCJ 71: s.10(b), voluntariness, indigineity, R v Smith, 2024 ONSC 1482: #possession & DNA, and R v Pearson, 2024 ABCJ 67: no prelim #waiver by non-appearance. Our firm focuses on representation in complex criminal...

The Defence Toolkit – March 30, 2024: The Agent of Entrapment

Mar 30, 2024

This week's top three summaries: R v Krawczyk, 2024 ONCA 196: #entrapment & Vetrovec, R v Mills, 2024 ONCA 204: accused #presence, and R v BL, 2024 BCCA 108: accused #anonymization. Our firm focuses on representation in complex criminal trials and criminal...

The Defence Toolkit – March 23, 2024: Guns Exclusion on Rights to Counsel

Mar 23, 2024

This week's top three summaries: R v Whittaker, 2024 ONCA 182: 24(2) on rights to #counsel, R v RI, 2024 ONCA 185: bare #denial & collusion, and R v PA, 2024 BCCA 93: #isolating evidence. Our firm focuses on representation in complex criminal trials and criminal...

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The Defence Toolkit – March 16, 2024: “Common Sense Assumptions”

Mar 16, 2024

This week's top three summaries: R v Krak, 2024 SSC 7: #common sense, R v Ali, 2024 ONSC 1356: s276 #inconsistencies, and R v Shariffabrar, 2024 ONSC 1304: 276 #sex trade. Our firm focuses on representation in complex criminal trials and criminal appeals. We also...

The Defence Toolkit – March 8, 2024: Reasonable Expectation of Privacy

Mar 9, 2024

This week's top three summaries: R v Bykovets, 2024 SCC 6: #privacy & IPs, R v Gill, 2024 BCCA 63: #overseizure, and R v Slapkauskas, 2024 ONCA 154: PTC for #hospital stay. Our firm focuses on representation in complex criminal trials and criminal appeals. We also...

The Defence Toolkit – March 2, 2024 “Assumptions about Dealers”

Mar 2, 2024

This week's top three summaries: R v Harper, 2024 ONSC 925: s.8 #dynamic entry, R v Walters, 2024 ONSC 978: family law #collusion, and R v Brosseau, 2024 ABKB 106: s.11(b) perpetual #availability. Our firm focuses on representation in complex criminal trials and...

The Defence Toolkit – February 24, 2024: “A single photo”

Feb 24, 2024

This week's top three summaries: R v Shaw, 2024 ONCA 119: #Crown closing, stranger ID, R v Pelletier, 2024 SKCA 12: #spontaneous utterance, and R v Clyde, 2024 ONCA 113: #Crown closing. Our firm focuses on representation in complex criminal trials and criminal...

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