The Defence Toolkit - Sitar & Milczarek

13 04, 2024

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

Bad Character Evidence, Common Sense Assumptions, Credibility, Failure to Consider Accused Evidence, Mr. Big Evidence, Probative v Prejudicial

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

By Pawel Milczarek|2024-04-13T08:53:16-06:00April 13th, 2024|Bad Character Evidence, Common Sense Assumptions, Credibility, Failure to Consider Accused Evidence, Mr. Big Evidence, Probative v Prejudicial|0 Comments

This week's top three summaries: R v Amin, 2024 ONCA 237: #Mr Big and #murder advice, R v Patel, 2024 NSCA 40: #common [...]

6 04, 2024

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

Charter 10(b), Evidence, Possession, Waiver

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

By Pawel Milczarek|2024-04-06T09:59:13-06:00April 6th, 2024|Charter 10(b), Evidence, Possession, Waiver|0 Comments

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, [...]

30 03, 2024

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

Charter s.7, Entrapment, Presence at Trial s.650, Procedure, Publication - Anonymization

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

By Pawel Milczarek|2024-03-30T09:53:18-06:00March 30th, 2024|Charter s.7, Entrapment, Presence at Trial s.650, Procedure, Publication - Anonymization|0 Comments

This week's top three summaries: R v Krawczyk, 2024 ONCA 196: #entrapment & Vetrovec, R v Mills, 2024 ONCA 204: accused #presence, and [...]

23 03, 2024

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

Accused Testimony - Bare Denial, Charter s24(2), Collusion, Credibility, Juries, Jury Charge - Isolating Evidence, s.10(b) Violation

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

By Pawel Milczarek|2024-03-23T10:49:49-06:00March 23rd, 2024|Accused Testimony - Bare Denial, Charter s24(2), Collusion, Credibility, Juries, Jury Charge - Isolating Evidence, s.10(b) Violation|1 Comment

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 [...]

16 03, 2024

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

Common Sense Assumptions, Credibility, Sexual Assault, Sexual History s 276

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

By Pawel Milczarek|2024-03-16T10:10:32-06:00March 16th, 2024|Common Sense Assumptions, Credibility, Sexual Assault, Sexual History s 276|0 Comments

This week's top three summaries: R v Krak, 2024 SSC 7: #common sense, R v Ali, 2024 ONSC 1356: s276 #inconsistencies, and R [...]

9 03, 2024

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

Charter s.8, Overseizure, Pre-Trial Custody, Reasonable Expectation of Privacy, Warrants

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

By Pawel Milczarek|2024-03-09T07:18:58-07:00March 9th, 2024|Charter s.8, Overseizure, Pre-Trial Custody, Reasonable Expectation of Privacy, Warrants|1 Comment

This week's top three summaries: R v Bykovets, 2024 SCC 6: #privacy & IPs, R v Gill, 2024 BCCA 63: #overseizure, and R [...]

2 03, 2024

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

Charter 11(b), Charter s.8, Credibility, Defence Reasonably Available, Manner of Execution, Motive to Fabricate, Warrants

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

By Pawel Milczarek|2024-03-02T10:19:47-07:00March 2nd, 2024|Charter 11(b), Charter s.8, Credibility, Defence Reasonably Available, Manner of Execution, Motive to Fabricate, Warrants|0 Comments

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, [...]

24 02, 2024

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

Eye-Witness Identification, Hearsay, Juries, Prosecution Closing, Res Gestae

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

By Pawel Milczarek|2024-02-24T08:27:05-07:00February 24th, 2024|Eye-Witness Identification, Hearsay, Juries, Prosecution Closing, Res Gestae|0 Comments

This week's top three summaries: R v Shaw, 2024 ONCA 119: #Crown closing, stranger ID, R v Pelletier, 2024 SKCA 12: #spontaneous utterance, [...]

17 02, 2024

The Defence Toolkit – February 17, 2024: “Crown onus”
The Defence Toolkit – February 17, 2024: “Crown onus”

Fundamental Concepts, NCRMD, Onus on a Defence, Possession

The Defence Toolkit – February 17, 2024: “Crown onus”

By Pawel Milczarek|2024-02-17T10:52:25-07:00February 17th, 2024|Fundamental Concepts, NCRMD, Onus on a Defence, Possession|0 Comments

This week's top three summaries: R v Refaeh, 2024 ONSC 755: #onus on driving offence, R v Ozipko, 2024 SKCA 9: NCR #release, [...]

10 02, 2024

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

Charter s.8, Dangerous Offender, No Knock, Sentencing, Sexual Assault, Sexual Purpose

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

By Pawel Milczarek|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, [...]

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. If you enjoy the content, please support us by clicking on the ads.