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.
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16 03, 2024

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

By |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

By |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”

By |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”

By |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”

By |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”

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, [...]

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 [...]

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 [...]

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 [...]

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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