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 – November 1, 2025: The Good Samaritan

by Pawel Milczarek | 1 November 2025 | Experts, Fresh Evidence, Good Samaritan | 0 Comments

This week's top three summaries: R v Wilson, 2025 SCC 32: #GoodSamaritan, R v Ukuqtunnuaq, 2025 NUCA 8: #fresh evidence, R v Liu, 2025 SKCA 98: #expert evidence R. v. Wilson, 2025 SCC 32 [October 24, 2025] The Good Samaritan Exception to Drug Possession [Majority Reasons by Karakatsanis J. with Wagner C.J. and Martin, Kasirer, O'Bonsawin and Moreau JJ. concurring and Jamal, Cote, and Rowe dissenting JJ. dissenting] AUTHOR'S NOTE: Immunity from Arrest under the Good Samaritan Drug Overdose Act...

The Defence Toolkit – October 25, 2025: Expert Experience and Bias

by Pawel Milczarek | 25 October 2025 | Contempt of Court, Crown Appeal, Experts | 0 Comments

This week's top three summaries: R v Matthews, 2025 ABKB 597: #expert bias, R v RL, 2025 ONCA 691: #acquittal appeal, R v Wilson, 2025 ABCA 337: #contempt R. v. Matthews, 2025 ABKB 597 [October 14, 2025] Expert Evidence: Experience and Bias [Justice Lisa A. Silver] AUTHOR'S NOTE: Excluding Expert Evidence for Insufficient Qualification and Apparent Bias Expert evidence remains a carefully limited exception to the rule against opinion evidence. Before it can be admitted, the trial judge must be...

The Defence Toolkit – October 18, 2025: Criminal Defence Crisis

by Pawel Milczarek | 18 October 2025 | Anonymous Tipster, Circumstantial Identification Evidence, Ineffective Counsel | 0 Comments

This week's top three summaries: R v BN, 2025 ABKB 535: #ineffective lawyer, R v Shah, 2025 ABKB 535: s.8 #informant, R v Mohamed Mussa, 2025 ABKB 543: #circumstantial ID R. v. BN, 2025 ABKB 535 [September 18, 2025] Ineffective Assistance of Counsel [Justice C.D. Millsap] AUTHOR'S NOTE: Judicial Courage and the Erosion of Competent Defence Representation The principles in this decision are not novel — but the courage of the trial judge to apply them faithfully is, regrettably, an outlier in...

The Defence Toolkit – September 20, 2025: Common Unlawful Purpose

Sep 20, 2025

This week's top three summaries: R v Mohamed, 2025 ONCA 611: #parties 21(2), R v Hambleton, 2025 ONSC 5061: #bias appeals, R v JC, 2025 ABCJ 120: #possession hot potato R. v. Mohamed, 2025 ONCA 611 [September 5, 2025] s.21(2) Common Unlawful Purpose and Murder...

The Defence Toolkit – September 13, 2025: Mens Rea and Failure Offences

Sep 13, 2025

This week's top three summaries: R v Emereuwa, 2025 SKCA 83: #failure and intent, R v Dos Santos, 2025 ONCA 598: 11(b) #mistrial, R v DM, 2025 ABCJ 134: #alibi R v Emereuwa, 2025 SKCA 83 [September 3, 2025] Statutory Interpretation of Required Mens Rea and Failure to...

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The Defence Toolkit – August 30, 2025: A Group Attack

Aug 30, 2025

This week's top three summaries: R v Sels, 2025 ONCA 592: #defence v group, R v Singh, 2025 ONCA 498: directed #verdict guilty?, R v Pierre, 2025 ABCA 589: #instructions after-the-fact R v Sels, 2025 ONCA 592 [August 14, 2025] Self Defence: Against a Perceived Group...

The Defence Toolkit – August 16, 2025: Reasons for Non-Consent

Aug 16, 2025

This week's top three summaries: R v PE, 2025 ABCA 272: prior #victimization, R v Thomson, 2025 ONCA 500: s.10(b) strip #search, R v Harding, 2025 ABCA 266: preventing #cross R v PE, 2025 ABCA 272 [August 8, 2025] Crown-led Sexual History Evidence: Prior Sexual...

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The Defence Toolkit – July 12, 2025: Intoxication

Jul 12, 2025

This week's top three summaries: R v Crossley, 2025 BCCA 224: #intoxication & #murder, R v Khan, 2025 ABKB 357: s.9 #pill bottle, R v Barker, 2025 ONSC 3513: s.9 #onus and #ruse R v Crossley, 2025 BCCA 224 [June 27, 2025] Murder: Defence of Intoxication [Reasons...

The Defence Toolkit – July 5, 2025: A Flashback

Jul 5, 2025

This week's top three summaries: R v Singh, 2025 ONCA 460: #omissions and #flashbacks, R v OW, 2025 ONSC 2922: #exclusive opportunity ID, R v Grant and Scott, 2025 ONSC 3513: s.9 #grounds for arrest R v Singh, 2025 ONCA 460 [June 25, 2025] Reliability: Omissions to...

The Defence Toolkit – June 28, 2025: Ares v. Venner and Expert Evidence

Jun 28, 2025

This week's top three summaries: R v Willier, 2025 ABKB 370: Ares v Venner #Expert Evidence, R v Zabihullah, 2025 SKCA 64: 11(b) particular #complexity, R v Moazami, 2025 BCCA 189: trial #aggravating sentence R v Willier, 2025 ABKB 370 [June 18, 2025] The Common Law...

The Defence Toolkit – June 21, 2025: Crown-led Sexual History

Jun 21, 2025

This week's top three summaries: R v Kinamore, 2025 SCC 19: Crown s.276 and #sexual inactivity, R v Chiarelli, 2025 ONCA 428: lay #trafficking opinion, R v Attachie, 2025 BCCA 183: Nahanee and GP #mitigation R v Kinamore, 2025 SCC 19 [June 13, 2025] Sexual History...

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