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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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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|0 Comments

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, [...]

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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 [...]

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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 [...]

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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 [...]

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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, [...]

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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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30 09, 2023

The Defence Toolkit – September 30, 2023 – “Ex Parte”

By |2023-09-30T09:50:01-06:00September 30th, 2023|715.1 Video Evidence, Joint Submissions, Presence at Trial s.650, Procedure, Sentencing|0 Comments

This week's top three summaries: R v  MC, 2023 ONCA 611: right to #present, R v JDC, 2023 ABCA 255: s.715.1 #memory, and [...]

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23 09, 2023

The Defence Toolkit – Sept 23, 2023 “The Good Samaritan”

By |2023-09-23T08:50:38-06:00September 23rd, 2023|Accused Exculpatory Testimony - Fabrication, Charter s.8, Charter s.9, Evidence, Good Samaritan, Reasonable Suspicion, The W(D) Instruction|0 Comments

This week's top three summaries: R v  Wilson, 2023 SKCA 106: good #Samaritan, R v Sabiston, 2023 SKCA 105: #suspicion + test what?, [...]

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16 09, 2023

The Defence Toolkit – September 16, 2023 “No Memory of What Happened”

By |2023-09-16T07:09:29-06:00September 16th, 2023|Capacity to Consent, RPG Evidence in Place, Sexual Assault, SOIRA Exemption, Warrants|0 Comments

This week's top three summaries: R v  Owston, 2023 SKCA 101: s.271 #capacity for consent, R v Hess and Profetto, 2023 ONSC 3065: [...]

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