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The Defence Toolkit

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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.

The Defence Toolkit – December 2, 2024: The Place and Time of Self-Defence

This week's top three summaries: R v Tanner, 2024 MBCA 87: #self-defence, R v RPP, 2024 SKCA 102: #bad character, and R v Newby, 2024 ABCA 360: #parties to trafficking R v Tanner, 2024 MBCA 87 [November 6, 2024] Self Defence: Alternatives are Considered Relative to the Imminence of the Threat [Reasons by Jennifer Pfuetzner J.A. with Christopher Mainella and David Kroft concurring]  AUTHOR’S NOTE: This case offers a clear summary of two key factors in the analysis of self-defense: Alternatives...

The Defence Toolkit – November 9, 2024: Counsel during Search Warrants

This week's top three summaries: R v Samuels, 2024 ONCA 786: s10(b)/24(2) SW #delay, R v Stettner, 2024 SKCA 101: #ineffective appeal, and R v BB, 2024 ONCA 788: Browne v Dunn #jury R v Samuels, 2024 ONCA 786 [October 28, 2024] Charter s.10(b)/24(2) Delay of Counsel Contact for Search Warrants [Reasons by Dawe J.A. with L. Madsen J.A. concurring and J.C. MacPherson J.A. concurring with separate reasons]  AUTHOR’S NOTE: In cases where search warrants are executed on a property, courts have...

The Defence Toolkit – November 2, 2024: Constructive Possession

This week's top three summaries: R v Roy, 2024 SKCA 98: #possession, R v Gill, 2024 ABKB 623: recovered #memory, and R v Russel, 2024 BCCA 353: mental health #mitigation R v Roy, 2024 SKCA 98 [October 22, 2024] Circumstantial Evidence of Possession [Reasons by Jillyne M. Drennan J.A. with Robert W. Leurer C.J. and Catherine L. Dawson J.A. concurring]  AUTHOR’S NOTE:  In criminal law, establishing possession involves demonstrating both knowledge and control over the item in question. However,...
The Defence Toolkit – October 19, 2024: Gang Membership Challenge

The Defence Toolkit – October 19, 2024: Gang Membership Challenge

This week's top three summaries: R v Whitehawk, 2024 SKCA 95: #gang challenge, R v Lewis, 2024 ONSC 5261: counsel #table, and R v Batista, 2024 ONSC 5455: #functus officio R v Whitehawk, 2024 SKCA 95 [October 9, 2024] Challenge for Cause: Gang Membership [Reasons by...

The Defence Toolkit – October 12, 2024: A Ruse Stop

The Defence Toolkit – October 12, 2024: A Ruse Stop

This week's top three summaries: R v Gallant, 2024 ABKB 541: s.8 #ruse stop, R v Reimer, 2024 ABCJ 188: #disturbance & #mischief, and R v Clyke, 2024 NSCA 66: re-opening #appeal R v Gallant, 2024 ABKB 541 [September 16, 2024] Charter s.8: Ruse Traffic Stop...

The Defence Toolkit – October 5, 2024: The Principled Exception

The Defence Toolkit – October 5, 2024: The Principled Exception

This week's top three summaries: R v Charles, 2024 SCC 29: #principled exception, R v R.A., 2024 ONCA 696: #spontaneous utterance, and R v DPT, 2024 ABCA 299: cross-count #evidence R v Charles, 2024 SCC 29 [September 25, 2024] The Principled Exception to Hearsay...

The Defence Toolkit – September 20, 2024: Crying Out

The Defence Toolkit – September 20, 2024: Crying Out

This week's top three summaries: R v Viau, 2024 ABCA 291: s271 #crying out, R v Stettner, 2024 SKCA 88: extrinsic #misconduct, and R v Brazil, 2024 ABKB 390: 11(b) #stay under 30. R v Viau, 2024 ABCA 291 [September 6, 2024] Sexual Assault: Myths and Crying Out for...

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The Defence Toolkit – August 31, 2024: Identifying a Voice

The Defence Toolkit – August 31, 2024: Identifying a Voice

This week's top three summaries: R v AW, 2024 ONCA 564: #voice ID, R v Jeremschuk, 2024 ABCA 268: #angry self defence, and R v Roche-Garcia, 2024 BCCA 298: s.715.1 embedded #hearsay R v AW, 2024 ONCA 564 [July 17, 2024] Voice Identification [Reasons by L. Madsen J.A....

The Defence Toolkit – July 20, 2024: Chokeholds and Legal Error

The Defence Toolkit – July 20, 2024: Chokeholds and Legal Error

This week's top three summaries: R v Hodgson, 2024 SCC 25: #error of law, R v DB, 2024 ONCA 546: accused #reaction, and R v Belval, 2024 ABCA 215: s276 con't #gatekeeper. R v Hodgson, 2024 SCC 25 [July 12, 2024] Appeals: Definition of an Error of Law, Intent for...

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