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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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, [...]

9 12, 2023

The Defence Toolkit – December 9, 2023: The state cannot benefit from illegal police acts

By |2023-12-09T10:30:10-07:00December 9th, 2023|Accused's Credibility - Right to Disclosure and Presence at Trial, Capacity to Consent, Charter s.8, Fundamental Concepts, Non-Warrant Excision, Sexual Assault|0 Comments

This week's top three summaries: R v  Zacharias, 2023 SCC 30: s.8 non-warrant #excision, R v Haidary, 2023 ONCA 786: #tailoring evidence, and [...]

2 12, 2023

The Defence Toolkit – December 2, 2023: “Implied Licence to Knock”

By |2023-12-02T10:43:31-07:00December 2nd, 2023|Appeals, Charter s.8, Disclosure, Fresh Evidence, Implied Licence to Knock, Third Party Suspect|2 Comments

This week's top three summaries: R v  Singer, 2023 SKCA 123: s.8 car in #driveway, R v Lowry, 2023 BCCA 5: 3rd party [...]

25 11, 2023

The Defence Toolkit – November 25, 2023

By |2023-11-25T09:37:47-07:00November 25th, 2023|Appeals, Hearsay, Narrative Exception, Offences, Possession of Stolen Property|1 Comment

This week's top three summaries: R v  K.C., 2023 BCCA 411: prior #consistent stmt, R v Marrone, 2023 ONCA 742: apprehension of #bias, [...]

18 11, 2023

The Defence Toolkit – November 18, 2023

By |2023-11-18T09:21:20-07:00November 18th, 2023|Appeals, Credibility, Hearsay, Implausible Recklessness, The Principled Exception, Third Party Records|0 Comments

This week's top three summaries: R v  Cervini, 2023 ONCJ 469: #hearsay police notes, R v Lowry, 2023 BCCA 399: 3rd party #records [...]

28 10, 2023

The Defence Toolkit – October 28, 2023: “An Inferential Gap”

By |2023-10-28T10:30:19-06:00October 28th, 2023|Defences, Evidence, NCRMD, Possession, Similar Fact|0 Comments

This week's top three summaries: R v  Jackson, 2023 ONSC 5707: #knowledge & possession, R v Shylga, 2023 ABKB 583: #NCRMD, and R [...]

21 10, 2023

The Defence Toolkit – October 21, 2023

By |2023-10-21T10:11:58-06:00October 21st, 2023|Charter 10(b), Charter s.7, Charter s.8, Charter s.9, Reasonable Grounds, Search Incident to Arrest, Use of Civil Judgment, Without Delay|0 Comments

This week's top three summaries: R v  Gallant, 2023 BCSC 1786: s.9/8 grounds - drug #pipe, R v Brazeau, 2023 ABCJ 211: s.7 [...]

14 10, 2023

The Defence Toolkit – October 14, 2023: “choices they would not have made when sober”

By |2023-10-14T10:05:17-06:00October 14th, 2023|Capacity to Consent, Memory Gaps, Possession of Stolen Property, Res Gestae, Sexual Assault|0 Comments

This week's top three summaries: R v  Demong, 2023 SKCA 109: s.271 #blackout & intoxication, R v Westcott, 2023 ABCJ 205: res gestae, [...]

7 10, 2023

The Defence Toolkit – October 7, 2023

By |2023-10-07T08:59:10-06:00October 7th, 2023|Appeals, Contact Prohibitions, Ineffective Assistance, Insufficient Reasons, Sentencing|0 Comments

This week's top three summaries: R v  DG, 2023 ONCA 588: reconciling #credibility findings, R v Brick, 2023 SKCA 107: #judging own client, [...]

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