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17 02, 2024

The Defence Toolkit – February 17, 2024: “Crown onus”

By |2024-02-17T10:52:25-07:00February 17th, 2024|Fundamental Concepts, NCRMD, Onus on a Defence, Possession|0 Comments

This week's top three summaries: R v Refaeh, 2024 ONSC 755: #onus on driving offence, R v Ozipko, 2024 SKCA 9: NCR #release, [...]

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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 [...]

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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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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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25 02, 2023

The Defence Toolkit – February 25, 2023

By |2023-03-13T11:46:41-06:00February 25th, 2023|Brown v Dunn, Disreputable Witness, Sentencing, The Principled Exception, Totality, Youthful First Offender|0 Comments

This week's top three summaries: R v Mohamed, 2023 ONCA 104: #principled exception , R v Hirsh., 2023 ABCA 59: #totality and restraint, and R v AI, [...]

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4 02, 2023

The Defence Toolkit – February 4, 2023

By |2023-02-04T11:21:41-07:00February 4th, 2023|Accused's Right to Address Issues of Importance to Trial Judge, Appeal Custody, Charter s.12, Fundamental Concepts, Mandatory Minimum, Sentencing|0 Comments

This week's top three summaries: R v Hills, 2023 SCC 2: s12 #cruel and unusual, R v MV, 2023 ONCA 739: 1.5 to 1 on #prison [...]

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