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About Pawel Milczarek

Pawel is a partner at Sitar & Milczarek. When he's not litigating he writes the Defence Toolkit blog.
29 07, 2023

The Defence Toolkit – July 29, 2023: “The Right to be a Nuissance”

By |2023-07-29T08:07:22-06:00July 29th, 2023|Charter s.8, Credibility, Inadvertent Tainting, Reasonable Expectation of Privacy, Self-Defence|0 Comments

This week's top three summaries: R v Walker, 2023 ABKB 341: #self-defence v police, R v Louie, 2023 ABKB 352: s.8 Apt CCTV, [...]

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22 07, 2023

The Defence Toolkit – July 22, 2023 “Not Every Group of Three Persons”

By |2023-07-22T08:49:50-06:00July 22nd, 2023|Addiction Mitigation, Appeals, Criminal Organization, Gladue - Mitigation, Insufficient Reasons, Resolving Conflicting Versions, Sentencing|0 Comments

This week's top three summaries: R v Abdullahi, 2023 SCC 19: #appellate review, crim org, R v Murillo, 2023 SKCA 78: #conflicting evidence, [...]

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15 07, 2023

The Defence Toolkit – July 15, 2023 “Understanding Fundamental Tenets of Criminal Law”

By |2023-07-15T07:12:45-06:00July 15th, 2023|Appeals, Assault, Driving Prohibitions, Fresh Evidence, Sentencing, Unreasonable Verdict|0 Comments

This week's top three summaries: Nagle v R, 2023 NBCA 35: #assault, #appeals, R v Haroon, 2023 MBCA 60: release of #exhibits, and [...]

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1 07, 2023

The Defence Toolkit – July 1, 2023 “Obviously motivated by self-interest.”

By |2023-07-01T08:49:32-06:00July 1st, 2023|Accused - Irrelevant Factors, Credibility, Dangerous Offender, Evidence, Prior Consistent Statements, Sentencing|0 Comments

This week's top three summaries: R v Thompson, 2023 SKCA 66: #credibility of accused, R v Freedland, 2023 ONCA 386: prior consistent #statements, and [...]

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10 06, 2023

The Defence Toolkit – June 10, 2023

By |2023-06-10T08:44:33-06:00June 10th, 2023|CSO for Serious Offence, Disclosure, Gladue - Mitigation, Sentencing, Witness Protection Program|0 Comments

This week's top three summaries: R v Rabbit, 2023 ABCA 170: #gladue reduction, R v TJH 2023 YKCA 2: #CSO for s.151, and R [...]

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3 06, 2023

The Defence Toolkit – June 3, 2023 – “Breach of Policy or Fraud?”

By |2023-06-03T07:30:37-06:00June 3rd, 2023|Absence of Motive to Fabricate, Accused Election, Credibility, Fraud, Fundamental Concepts|0 Comments

This week's top three summaries: R v Kitch, 2023 NSCA 33: #fraud elements and reasons, R v RW, 2023 ONCA 250: IAC and #re-election, [...]

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27 05, 2023

The Defence Toolkit – May 27, 2023: “DYU? – I don’t know”

By |2023-05-27T10:10:17-06:00May 27th, 2023|Charter 10(b), Defence Re-Opening, Hearsay, Informational Duty, Narrative Exception|0 Comments

This week's top three summaries: R v CL, 2023 SKCA 58: s.10(b) informational duty, R v Castro Wunsch, 2023 ABCA 160: narrative & #hearsay, [...]

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20 05, 2023

The Defence Toolkit – May 20, 2023 “When the Witness ran from Court”

By |2023-05-20T08:36:06-06:00May 20th, 2023|Beyond a Reasonable Doubt, Fundamental Concepts, Hearsay, Murder Parole Eligibility Reduction, Necessity, The Principled Exception|0 Comments

This week's top three summaries: R v LaChance, 2023 SKCA 48: #necessity and hearsay exp'n, R v Bruzzese, 2023 ONCA 300: absence of #forensics, [...]

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13 05, 2023

The Defence Toolkit – May 13, 2023: “Manifest Frivolity”

By |2023-05-13T09:45:20-06:00May 13th, 2023|Accused Exculpatory Testimony - Fabrication, Charter s24(1) Remedy, Defence Reasonably Available, Defence Vukelich, Evidence, Fundamental Concepts, Stay of Proceedings, Voir Dire Format|0 Comments

This week's top three summaries: R v Haevischer, 2023 SCC 11: #summary dismissal & voir dires, R v Hanan, 2023 SCC 12: 11(b) defence [...]

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22 04, 2023

The Defence Toolkit – April 22, 2023

By |2023-04-22T09:43:00-06:00April 22nd, 2023|Charter s.7, Charter s.9, Disclosure, Miscarriage of Justice, Overturning a Guilty Plea, Racialized Minorities, Refusal|0 Comments

This week's top three summaries: R v Bouvette, 2023 BCCA 152: #disclosure and appeals, R v Breault, 2023 SCC 9: #refusal and ASD, and [...]

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