The Defence Toolkit is a 2020 Clawbie Award Winning blog providing summaries of the editor's weekly three best cases for criminal defence lawyers. Links to Canlii and cited cases are included. The summaries are searchable by topic. Follow us on Twitter, Facebook, or LinkedIn to get weekly updates. 2020 Canadian Law Blog Awards Winner

5 12, 2020

The Defence Toolkit – December 5, 2020

By |2020-12-05T11:30:47-07:00December 5th, 2020|After the Fact Conduct, Credibility, Evidence, Murder - First Degree - Party Liability, Stereotypes of Human Behaviour|0 Comments

This week's top three summaries: R v Jerace, 2020 BCCA 326: #Crown arguing #fabrication, R v Whynder, 2020 NSCA 77: #party liability #murder instructions  & after [...]

28 11, 2020

The Defence Toolkit – November 28, 2020

By |2020-11-28T12:59:05-07:00November 28th, 2020|Anecdotal Evidence, Bad Character Evidence, Expert Evidence, Experts, Probative v Prejudicial|0 Comments

This week's top three summaries: R v Cook, 2020 ONCA 731: bad #character & #expert evidence, R v Bean, 2020 ABCA 409: ability to pay #restitution [...]

21 11, 2020

The Defence Toolkit – November 21, 2020

By |2020-11-21T15:28:39-07:00November 21st, 2020|Charter s.9, Juries, Overholding, Self-Defence, Stand-Aside|0 Comments

This week's top three summaries: R v Baptiste, 2020 ONSC 6823: #selfdefence, R v Josipovic, 2020 ONSC 6300: judicial #jury stand-aside and R v Sakhuja, 2020 ONCJ [...]

14 11, 2020

The Defence Toolkit – November 14, 2020

By |2020-11-14T12:08:38-07:00November 14th, 2020|Battered Spouse Syndrome, Charter 10(b), Defences, Offences, Refusal, Self-Defence, Without Delay|0 Comments

This week's top three summaries: R v Yong, 2020 ABQB 676: #delay in access to #counsel, R v Mason, 2020 MBQB 151: self #defence, and R v [...]

7 11, 2020

The Defence Toolkit – November 7, 2020

By |2020-11-07T14:17:16-07:00November 7th, 2020|Bail Summary Exaggeration, Border Search, Charter 10(b), Charter s.8, Charter s.9, Credibility, Denigration of Counsel, Stereotypes of Human Behaviour|0 Comments

This week's top three summaries: R v Canfield, 2020 ABCA 383:#phone #search at border unconstitutional, R v Cooke, 2020 NSCA 66: #sexual offence #credibility, and R [...]

31 10, 2020

The Defence Toolkit – October 31, 2020

By |2020-10-31T14:43:32-06:00October 31st, 2020|Accused's Prior Exculpatory Statements, Charter s.7, Charter s.8, Confidential Informants, Entrapment, Evidence, Warrants|0 Comments

This week's top three summaries: R v Sanhueza, 2020 BCCA 279: accused out-of-court #statement, W(D), R v CDR, 2020 ONSC 5030: #entrapment, and R v Kohut, [...]

25 10, 2020

The Defence Toolkit – October 24, 2020

By |2020-10-25T08:14:24-06:00October 25th, 2020|Charter s.8, Impaired Operation, Sexual Assault, Sexual History s 276, Warrants|0 Comments

This week's top three summaries: R v Verrilli, 2020 NSCA 64: #unsealing ITO, R v Kapustinsky, 2020 ABQB 611: #sexual history and R v Savage, 2020 ABQB [...]

17 10, 2020

The Defence Toolkit – October 17, 2020

By |2020-10-17T09:52:33-06:00October 17th, 2020|Charter s.11(1) - Right to Lesser Punishment, Charter s.9, Credibility, Material Inconsistencies, Motive to Fabricate, No Reasonable Connection to Offence|0 Comments

This week's top three summaries: R v RP, 2020 ONCA 637: duty to resolve #inconsistencies and W(D), R v Gamble, 2020 SKPC 34: s.9 #detention, and R [...]

3 10, 2020

The Defence Toolkit – October 3, 2020

By |2020-10-03T09:27:55-06:00October 3rd, 2020|Accused's Prior Exculpatory Statements, Credibility, Evidence, Lack of Embellishment|0 Comments

This week's top three summaries: R v Beckett, 2020 BCCA 262: #fabrication as post-offence conduct, R v Alisaleh, 2020 ONCA 597: lack of #embellishment as makeweight [...]

26 09, 2020

The Defence Toolkit – September 26, 2020

By |2020-10-03T07:14:39-06:00September 26th, 2020|Charter s.8, Emergency Entry, Facts for Sentence, Sentencing, Warrantless Entry into Home|0 Comments

This week's top three summaries: R v Williams, 2020 SKCA 108: #sentencing; need for facts, R v Pawar, 2020 BCCA 251: #warrantless entry into home, and R [...]

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