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About Pawel Milczarek

Pawel is a partner at Sitar & Milczarek. When he's not litigating he writes the Defence Toolkit blog.
10 02, 2024

The Defence Toolkit – February 10, 2024: “Please knock before entry”

By |2024-02-10T08:26:16-07:00February 10th, 2024|Charter s.8, Dangerous Offender, No Knock, Sentencing, Sexual Assault, Sexual Purpose|0 Comments

This week's top three summaries: R v Russell, 2024 ONSC 529: s.8 no #knock, RTJ, R v TA, 2024 ONSC 528: #sexual purpose, [...]

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3 02, 2024

The Defence Toolkit – February 3, 2024 “Stays for Multiple Charter Violations”

By |2024-02-03T09:52:43-07:00February 3rd, 2024|Charter s24(1) Remedy, Stay of Proceedings|0 Comments

This week's top three summaries: R v Brunelle, 2024 SCC 3: 24(1) #stay, R v Charles, 2024 SKCA 8: s.8 #warrants, and R [...]

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27 01, 2024

The Defence Toolkit – January 26, 2024 “Extrinsic Evidence”

By |2024-01-27T08:59:56-07:00January 27th, 2024|Evidence, Judicial Notice, Possession, Prior Consistent Statements|0 Comments

This week's top three summaries: R v R.M., 2023 BCCA 455: judicial #notice, R v S.C., 2023 ONCA 832: prior #consistent stmt, and [...]

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20 01, 2024

The Defence Toolkit – January 20, 2024 “Off-the-Record Conversations”

By |2024-01-20T09:37:38-07:00January 20th, 2024|Experts, Opinion Evidence, Police Drug Experts, Reasonable Apprehension of Bias|0 Comments

This week's top three summaries: R v  KJMJ, 2023 NSCA 84: #bias, R v Moreira, 2023 ONCA 807: lay #opinion, and R v [...]

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13 01, 2024

The Defence Toolkit – January 13, 2024: “Murder and Mental Health”

By |2024-01-13T09:50:43-07:00January 13th, 2024|Exhortation, Murder - Mens Rea - Mental Health, Third Party Suspect|0 Comments

This week's top three summaries: R v Lawlor, 2023 SCC 34: #mental illness & murder, R v Abreha, 2023 ABCA 357: jury #exhortation, [...]

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9 12, 2023

The Defence Toolkit – December 9, 2023: The state cannot benefit from illegal police acts

By |2023-12-09T10:30:10-07:00December 9th, 2023|Accused's Credibility - Right to Disclosure and Presence at Trial, Capacity to Consent, Charter s.8, Fundamental Concepts, Non-Warrant Excision, Sexual Assault|0 Comments

This week's top three summaries: R v  Zacharias, 2023 SCC 30: s.8 non-warrant #excision, R v Haidary, 2023 ONCA 786: #tailoring evidence, and [...]

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2 12, 2023

The Defence Toolkit – December 2, 2023: “Implied Licence to Knock”

By |2023-12-02T10:43:31-07:00December 2nd, 2023|Appeals, Charter s.8, Disclosure, Fresh Evidence, Implied Licence to Knock, Third Party Suspect|2 Comments

This week's top three summaries: R v  Singer, 2023 SKCA 123: s.8 car in #driveway, R v Lowry, 2023 BCCA 5: 3rd party [...]

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25 11, 2023

The Defence Toolkit – November 25, 2023

By |2023-11-25T09:37:47-07:00November 25th, 2023|Appeals, Hearsay, Narrative Exception, Offences, Possession of Stolen Property|1 Comment

This week's top three summaries: R v  K.C., 2023 BCCA 411: prior #consistent stmt, R v Marrone, 2023 ONCA 742: apprehension of #bias, [...]

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18 11, 2023

The Defence Toolkit – November 18, 2023

By |2023-11-18T09:21:20-07:00November 18th, 2023|Appeals, Credibility, Hearsay, Implausible Recklessness, The Principled Exception, Third Party Records|0 Comments

This week's top three summaries: R v  Cervini, 2023 ONCJ 469: #hearsay police notes, R v Lowry, 2023 BCCA 399: 3rd party #records [...]

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