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The Defence Toolkit

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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 – July 25, 2026: Sleepwalking

This week's top three summaries: R v DW, 2026 ABKB 519: #sleepwalk sex , R v Samandari-Matof, 2026 ABCA 55: #possession, R v Olafson, 2026 ABCJ 92: 11(b) court #overbooking R v DW, 2026 ABKB 519 [July 17, 2026] Sexual Assault Voluntariness: Sleepwalking [A.K. Akgungor J.] AUTHOR'S NOTE: Voluntariness is an essential element of every criminal offence. Although often discussed alongside actus reus and mens rea, it is analytically distinct: the Crown must prove that the accused's conduct was the...

The Defence Toolkit – July 17, 2026: An Open Crate

This week's top three summaries: R v Parsley, 2026 NLCA 23: s.8 unusual #freight , R v Marjanovic, 2026 MBCA 61: #consecutive to life, R v MacKinnon, 2026 NSCA 54: #functus R v Parsley, 2026 NLCA 23 [June 29, 2026] Charter s.8: Freight Delivery [Reasons by D.M. Boone C.J.N.L. with K.J. O'Brien and G.L.C. Noel JJ.A concurring] AUTHOR'S NOTE: Once an accused establishes a reasonable expectation of privacy in the place or thing searched and demonstrates that the search was conducted without prior...

The Defence Toolkit – July 11, 2026: The Unsavoury Witness

This week's top three summaries: R v Drake, 2026 NSCA 48: Vetrovec #confirmation, R v VRRR, 2026 MBCA 56: human #assumptions , R v Murphy and Wright, 2026 NSCA 51: #judicial notice mistrial R v Drake, 2026 NSCA 48 [June 17, 2026] Vetrovec: Confirmatory Evidence Requirements [Reasons by Farrar J.A. with Bourgeois and Derrick JJ.A concurring] AUTHOR'S NOTE: Once a witness is recognized as an unsavoury witness requiring a Vetrovec warning, the central question becomes whether there is evidence...
The Defence Toolkit – June 20, 2026: Fingerprints

The Defence Toolkit – June 20, 2026: Fingerprints

This week's top three summaries: R v Kirkey, 2026 BCSC 973: #fingerprints, R v Esrabian, 2026 CanLii 53667: faint #hope, R v Slade, 2026 ONCA 381: command #hallucinations R v Kirkey, 2026 BCSC 973 [May 15, 2026] Circumstantial Evidence: Fingerprints [Gibb-Carsley J.]...

The Defence Toolkit – June 12, 2026: Trust and Authority

The Defence Toolkit – June 12, 2026: Trust and Authority

This week's top three summaries: R v Duke, 2026 SKCA 65: position of #trust, R v CATSA, 2026 ONSC 3077: general #warrant, R v Berg, 2026 SCC 21: W(D) trumps JJRD R v Duke, 2026 SKCA 65 [May 25, 2026] Position of Trust and Authority: Dissipation of Authority Over Time...

The Defence Toolkit – May 30, 2026: Incidental Search

The Defence Toolkit – May 30, 2026: Incidental Search

This week's top three summaries: R v Munn, 2026 ABKB 253: s.8 incident to #arrest, R c Gagnon, 2026 QCCA 583: s.12 man min CP, R v Bremner, 2026 ABCA 77: #circumstantial ID R v Munn, 2026 ABKB 353 [May 7, 2026] Charter s.8: Search Incidental to Arrest [W.N. Renke J.]...

The Defence Toolkit – May 23, 2026: Guns in a Locker

The Defence Toolkit – May 23, 2026: Guns in a Locker

This week's top three summaries: R v Paddy, 2026 SKCA 27: #prejudice v probative, R v ML, 2026 ONCA 339: #principled exp'n, R v DP, 2026 NSCA 34: #reasons on credibility R v Paddy, 2026 SKCA 27 [February 20, 2026] Conduct outside Indictment Period: Prejudicial Value...

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The Defence Toolkit – May 2, 2026: Persistent Badgering

The Defence Toolkit – May 2, 2026: Persistent Badgering

This week's top three summaries: R v SM, 2026 NSCA 30: s271 and #persistent badgering, R v Stark, 2026 SKCA 48: s.8 non-consent #inferences, R v Skiffington, 2026 BCCA 151: s715.1 #factors R v SM, 2026 NSCA 30 [April 13, 2026] Sexual Assault: Persistent Badgering is...

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

This week's top three summaries: R v Fitzpatrick, 2026 ONCA 261: #resemblance ID, R v Applegarth, 2026 ABCA 122: #murder intent, R v Deidun, 2026 ONCA 211: #procuring elements R v Fitzpatrick, 2026 ONCA 262 [March 25, 2026] Identification Evidence: Resemblance...

The Defence Toolkit – April 18, 2026: Defence Family Collusion

The Defence Toolkit – April 18, 2026: Defence Family Collusion

This week's top three summaries: R v AS, 2026 ONCA 241: #family fabrication, R v Comber, 2026 MBCA 27: #murder common sense, R v Nordquist, 2026 SKCA 20: #self-defence R v AS, 2026 ONCA 241 [April 2, 2026] Accused Exculpatory Evidence: Family Fabrication [Reasons by...

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

This week's top three summaries: R v Hawco, 2026 BCCA 69: #reasoning process, R v Weatherston, 2026 YKCA 5: 276 #judge responsible, R v AB, 2026 ONCA 116: s.7 silence R v Hawco, 2026 BCCA 69 [February 24, 2026] Beyond a Reasonable Doubt: Explicit Reasoning Process...

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