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16 09, 2023

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

Capacity to Consent, RPG Evidence in Place, Sexual Assault, SOIRA Exemption, Warrants

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

By Pawel Milczarek|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: [...]

9 09, 2023

The Defence Toolkit – September 9, 2023: “Their Entire Worldly Possessions”
The Defence Toolkit – September 9, 2023: “Their Entire Worldly Possessions”

Defence of Property, Duress, Self-Defence, Sexual Offences Against Children, Uncategorized

The Defence Toolkit – September 9, 2023: “Their Entire Worldly Possessions”

By Pawel Milczarek|2023-09-09T09:13:23-06:00September 9th, 2023|Defence of Property, Duress, Self-Defence, Sexual Offences Against Children, Uncategorized|0 Comments

This week's top three summaries: R v Verhaeghe, 2023 ABCJ 134: #defence of self & property, R v Bonick, 2023 ABCJ 146: #duress, [...]

2 09, 2023

The Defence Toolkit – September 2, 2023
The Defence Toolkit – September 2, 2023

Appeals, Charter s.12, Consent, Mandatory Minimum, Memory Gaps, Misapprehension of Evidence, Sexual Assault

The Defence Toolkit – September 2, 2023

By Pawel Milczarek|2023-09-02T10:24:31-06:00September 2nd, 2023|Appeals, Charter s.12, Consent, Mandatory Minimum, Memory Gaps, Misapprehension of Evidence, Sexual Assault|0 Comments

This week's top three summaries: R v J.G., 2023 SKCA 92: #contrary evidence, R v Gargan, 2023 NWTCA 5: s.151 min sentence, and [...]

5 08, 2023

The Defence Toolkit – August 5, 2023 “Police Station Interviewing”
The Defence Toolkit – August 5, 2023 “Police Station Interviewing”

Amicus, Charter - Detention, Charter 10(b), CSO for Serious Offence, Sentencing

The Defence Toolkit – August 5, 2023 “Police Station Interviewing”

By Pawel Milczarek|2023-08-05T16:09:24-06:00August 5th, 2023|Amicus, Charter - Detention, Charter 10(b), CSO for Serious Offence, Sentencing|0 Comments

This week's top three summaries: R v Corner, 2023 ONCA 509: #detention & police interview, R v Kahsai, 2023 SCC 20: #amicus, and R [...]

29 07, 2023

The Defence Toolkit – July 29, 2023: “The Right to be a Nuissance”
The Defence Toolkit – July 29, 2023: “The Right to be a Nuissance”

Charter s.8, Credibility, Inadvertent Tainting, Reasonable Expectation of Privacy, Self-Defence

The Defence Toolkit – July 29, 2023: “The Right to be a Nuissance”

By Pawel Milczarek|2023-07-29T08:07:22-06:00July 29th, 2023|Charter s.8, Credibility, Inadvertent Tainting, Reasonable Expectation of Privacy, Self-Defence|0 Comments

This week's top three summaries: R v Walker, 2023 ABKB 341: #self-defence v police, R v Louie, 2023 ABKB 352: s.8 Apt CCTV, [...]

22 07, 2023

The Defence Toolkit – July 22, 2023 “Not Every Group of Three Persons”
The Defence Toolkit – July 22, 2023 “Not Every Group of Three Persons”

Addiction Mitigation, Appeals, Criminal Organization, Gladue - Mitigation, Insufficient Reasons, Resolving Conflicting Versions, Sentencing

The Defence Toolkit – July 22, 2023 “Not Every Group of Three Persons”

By Pawel Milczarek|2023-07-22T08:49:50-06:00July 22nd, 2023|Addiction Mitigation, Appeals, Criminal Organization, Gladue - Mitigation, Insufficient Reasons, Resolving Conflicting Versions, Sentencing|0 Comments

This week's top three summaries: R v Abdullahi, 2023 SCC 19: #appellate review, crim org, R v Murillo, 2023 SKCA 78: #conflicting evidence, [...]

15 07, 2023

The Defence Toolkit – July 15, 2023 “Understanding Fundamental Tenets of Criminal Law”
The Defence Toolkit – July 15, 2023 “Understanding Fundamental Tenets of Criminal Law”

Appeals, Assault, Driving Prohibitions, Fresh Evidence, Sentencing, Unreasonable Verdict

The Defence Toolkit – July 15, 2023 “Understanding Fundamental Tenets of Criminal Law”

By Pawel Milczarek|2023-07-15T07:12:45-06:00July 15th, 2023|Appeals, Assault, Driving Prohibitions, Fresh Evidence, Sentencing, Unreasonable Verdict|0 Comments

This week's top three summaries: Nagle v R, 2023 NBCA 35: #assault, #appeals, R v Haroon, 2023 MBCA 60: release of #exhibits, and [...]

1 07, 2023

The Defence Toolkit – July 1, 2023 “Obviously motivated by self-interest.”
The Defence Toolkit – July 1, 2023 “Obviously motivated by self-interest.”

Accused - Irrelevant Factors, Credibility, Dangerous Offender, Evidence, Prior Consistent Statements, Sentencing

The Defence Toolkit – July 1, 2023 “Obviously motivated by self-interest.”

By Pawel Milczarek|2023-07-01T08:49:32-06:00July 1st, 2023|Accused - Irrelevant Factors, Credibility, Dangerous Offender, Evidence, Prior Consistent Statements, Sentencing|0 Comments

This week's top three summaries: R v Thompson, 2023 SKCA 66: #credibility of accused, R v Freedland, 2023 ONCA 386: prior consistent #statements, and [...]

10 06, 2023

The Defence Toolkit – June 10, 2023
The Defence Toolkit – June 10, 2023

CSO for Serious Offence, Disclosure, Gladue - Mitigation, Sentencing, Witness Protection Program

The Defence Toolkit – June 10, 2023

By Pawel Milczarek|2023-06-10T08:44:33-06:00June 10th, 2023|CSO for Serious Offence, Disclosure, Gladue - Mitigation, Sentencing, Witness Protection Program|0 Comments

This week's top three summaries: R v Rabbit, 2023 ABCA 170: #gladue reduction, R v TJH 2023 YKCA 2: #CSO for s.151, and R [...]

3 06, 2023

The Defence Toolkit – June 3, 2023 – “Breach of Policy or Fraud?”
The Defence Toolkit – June 3, 2023 – “Breach of Policy or Fraud?”

Absence of Motive to Fabricate, Accused Election, Credibility, Fraud, Fundamental Concepts

The Defence Toolkit – June 3, 2023 – “Breach of Policy or Fraud?”

By Pawel Milczarek|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, [...]

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.