The Defence Toolkit

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 – September 12, 2026: Youthful Witnesses

by Pawel Milczarek | 12 September 2026 | Air of Reality, Credibility, Omissions, Self-Defence, Sexual Offences Against Children | 0 Comments

This week's top three summaries: R v Lovell, 2026 BCCA 361: #child witnesses, R v DV, 2026 ONCA 611: #omissions, R v Simms, 2026 BCCA 363: air of #reality R v Lovell, 2026 BCCA 361 [September 1, 2026] Child Witnesses: Material Inconsistencies, Inaccuracies, Exaggerations and Embellishment are Significant Despite Youth of Witness [Reasons by Winteringham J.A. with Edelmann and Francis JJ.A. concurring] AUTHOR'S NOTE: The youthful age of a witness, particularly a complainant in a sexual assault...

The Defence Toolkit – September 5, 2026: How Many Prosecutors Allowed?

by Pawel Milczarek | 5 September 2026 | 244.2(1)(b) - Reckless Discharge, Charter s24(2), Sexual History s 276 | 0 Comments

This week's top three summaries: R v Rouse, 2026 SKCA 91: #complainant counsel, Sheppard v R, 2026 NBCA 95: #reckless discharge, R v Gauthier, 2026 ONCA 569: 24(2): unconnected #breaches R v Rouse, 2026 SKCA 91 [August 21, 2026] Limiting the Role of Complainant Counsel and Allowing Cross-Examination on Sexual History [Reasons by McCreary J.A. with Caldwell and Kalmakoff JJ.A. concurring] AUTHOR'S NOTE: Complainant’s counsel under the sexual history provisions of the Criminal Code has a limited...

The Defence Toolkit – August 1, 2026: Theory of the Offence

by Pawel Milczarek | 1 August 2026 | Cell Phones, Charter s.8, Crown legal theory, NCRMD | 0 Comments

This week's top three summaries: R v Massicotte, 2026 ONCA 5269: #Crown theory , R v Suksawat, 2026 ABKB 536: s.8 grounds for #phones, R v Adriatico, 2026 ONSC 4079: NCRMD #morally wrong R v Massicotte, 2026 ONCA 526 [July 20, 2026] Court Must Evaluate Crown Legal Theory of the Offence Unless they Give Notice [Reasons by Trotter J.A. with Sossin and J. Copeland JJ.A. concurring] AUTHOR'S NOTE: The adversarial justice system depends upon the parties identifying the factual and legal issues in...

The Defence Toolkit – July 11, 2026: The Unsavoury Witness

Jul 11, 2026

This week's top three summaries: R v Drake, 2026 NSCA 48: Vetrovec #confirmation, R v VRRR, 2026 MBCA 56: human #assumptions , R v Murphy and Wright, 2026 NSCA 51: #judicial notice mistrial R v Drake, 2026 NSCA 48 [June 17, 2026] Vetrovec: Confirmatory Evidence...

The Defence Toolkit – July 4, 2026: Police Discipline Disclosure

Jul 4, 2026

This week's top three summaries: Edmonton (PS) v McKee, 2026 SCC 24: #discipline disclosure, R v Brennan, 2026 ONCA 459: circumstantial #possession, R v Sandhu, 2026 BCCA 268: #admissions and circular reasoning Edmonton (Police Service) v McKee, 2026 SCC 24 [June 26,...

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The Defence Toolkit – June 20, 2026: Fingerprints

Jun 20, 2026

This week's top three summaries: R v Kirkey, 2026 BCSC 973: #fingerprints, R v Esrabian, 2026 CanLii 53667: faint #hope, R v Slade, 2026 ONCA 381: command #hallucinations R v Kirkey, 2026 BCSC 973 [May 15, 2026] Circumstantial Evidence: Fingerprints [Gibb-Carsley J.]...

The Defence Toolkit – June 12, 2026: Trust and Authority

Jun 12, 2026

This week's top three summaries: R v Duke, 2026 SKCA 65: position of #trust, R v CATSA, 2026 ONSC 3077: general #warrant, R v Berg, 2026 SCC 21: W(D) trumps JJRD R v Duke, 2026 SKCA 65 [May 25, 2026] Position of Trust and Authority: Dissipation of Authority Over Time...

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The Defence Toolkit – May 23, 2026: Guns in a Locker

May 23, 2026

This week's top three summaries: R v Paddy, 2026 SKCA 27: #prejudice v probative, R v ML, 2026 ONCA 339: #principled exp'n, R v DP, 2026 NSCA 34: #reasons on credibility R v Paddy, 2026 SKCA 27 [February 20, 2026] Conduct outside Indictment Period: Prejudicial Value...

The Defence Toolkit – May 16, 2026: Jury Challenge for Drug Use

May 16, 2026

This week's top three summaries: R v Sullivan, 2026 ABCA 140: #challenge for cause, R v Lekhraj, 2026 BCCA 175: accused #character, R v RN, 2026 ONCA 315: accused #fabrication R v Sullivan, 2026 ABCA 140 [April 29, 2026] Jury Challenge for Cause: Attitudes towards...

The Defence Toolkit – May 2, 2026: Persistent Badgering

May 2, 2026

This week's top three summaries: R v SM, 2026 NSCA 30: s271 and #persistent badgering, R v Stark, 2026 SKCA 48: s.8 non-consent #inferences, R v Skiffington, 2026 BCCA 151: s715.1 #factors R v SM, 2026 NSCA 30 [April 13, 2026] Sexual Assault: Persistent Badgering is...

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