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 – July 11, 2026: The Unsavoury Witness

by Pawel Milczarek | 11 July 2026 | Common Sense Assumptions, Judicial Notice, Uncategorized, Vetrovec Witnesses | 0 Comments

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 Requirements [Reasons by Farrar J.A. with Bourgeois and Derrick JJ.A concurring] AUTHOR'S NOTE: Once a witness is recognized as an unsavoury witness requiring a Vetrovec warning, the central question becomes whether there is evidence...

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

by Pawel Milczarek | 4 July 2026 | Admissions, Disclosure, Police Officers, Possession | 0 Comments

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, 2026] Disclosure and Relevance of Expunged Police Discipline Records [Reasons by Martin J. with Wagner C.J., Karakatsanis, Côté, Rowe, Kasirer and Jamal JJ. concurring] AUTHOR'S NOTE: This Supreme Court decision contains several...

The Defence Toolkit – June 26, 2026: DNA Retention

by Pawel Milczarek | 26 June 2026 | DNA Order, In-Dock, Rushing Deliberations, Sentencing | 0 Comments

This week's top three summaries: R v Vu, 2026 ONCA 429: #DNA retention, R v Ghandi, 2026 ONCA 407: virtual trial ID, R v AK, 2026 NUCA 4: rushed #deliberations R v Vu, 2026 ONCA 429 [June 17, 2026] Sentencing: Conditional Discharges and DNA Retention [Reasons by George J.A. with B. Zarnett and J. Copeland JJ.A. concurring] AUTHOR'S NOTE: Amendments to the Criminal Code enacted in 2018 significantly altered the consequences of DNA collection orders following a conditional discharge. Although...

The Defence Toolkit – June 6, 2026: Other Officer’s Conclusions

Jun 6, 2026

This week's top three summaries: R v Okich, 2026 ABCJ 76: s.8 #reasonable grounds, R v Brashko, 2026 ABKB 407: #circumstantial evidence, R v Simpson, 2026 ONSC 2940: #remote trial R v Okich, 2026 ABCJ 76 [May 20, 2026] Charter s.8/9: Reasonable Grounds for Arrest...

The Defence Toolkit – May 30, 2026: Incidental Search

May 30, 2026

This week's top three summaries: R v Munn, 2026 ABKB 253: s.8 incident to #arrest, R c Gagnon, 2026 QCCA 583: s.12 man min CP, R v Bremner, 2026 ABCA 77: #circumstantial ID R v Munn, 2026 ABKB 353 [May 7, 2026] Charter s.8: Search Incidental to Arrest [W.N. Renke J.]...

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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...

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The Defence Toolkit – April 18, 2026: Defence Family Collusion

Apr 18, 2026

This week's top three summaries: R v AS, 2026 ONCA 241: #family fabrication, R v Comber, 2026 MBCA 27: #murder common sense, R v Nordquist, 2026 SKCA 20: #self-defence R v AS, 2026 ONCA 241 [April 2, 2026] Accused Exculpatory Evidence: Family Fabrication [Reasons by...

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

Apr 11, 2026

This week's top three summaries: R v Hawco, 2026 BCCA 69: #reasoning process, R v Weatherston, 2026 YKCA 5: 276 #judge responsible, R v AB, 2026 ONCA 116: s.7 silence R v Hawco, 2026 BCCA 69 [February 24, 2026] Beyond a Reasonable Doubt: Explicit Reasoning Process...

The Defence Toolkit – April 4, 2026: The Condo Garage and Surveillance

Apr 4, 2026

This week's top three summaries: R v Lye, 2026 ONCA 188: s.8 condo #garage, R v Griggs, 2026 ONCA 135: s.8 Jones standing, R v Martinez, 2026 ABCA 44: #self-defence R v Lye, 2026 ONCA 188 [March 16, 2026] Charter s.8: Police Surveillance in Condo Garage and Garofoli...

The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

Feb 28, 2026

This week's top three summaries: R v Benn, 2026 ABCA 14: #video ID and DNA, R v Kipusi, 2026 ONCA 86: s.7 #disclosure NCR, R v JB, 2026 ONCA 44: #trust relationships R v Benn, 2026 ABCA 14 [January 19, 2026] Identification: Dangers of Video Review by Judges and Limits...

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