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Sitar & Milczarek

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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 – October 26, 2024: Priming a Challenge

This week's top three summaries: R v Zamer, 2024 ONSC 4884: #challenge for cause, R v DAD, 2024 YKCA 9: min sentence #overturned, and R v Chartrand, 2024 BCCA 355: Browne v Dunn R v Zamer #5, 2024 ONSC 4884 [September 13, 2024] Challenge for Cause Process: Jury Questionnaire and Priming [Molloy J.]  AUTHOR’S NOTE: This case offers valuable insight into effective practices for jury selection questionnaires, emphasizing open-ended and interactive questioning to uncover and address potential...

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 Jeffrey D. Kalmakoff J.A. with Brian A. Barrington-Foote and Jillyne M. Drennan concurring]  AUTHOR’S NOTE: In this case, the Saskatchewan Court of Appeal revisited the law governing challenges for cause in jury selection, with a...

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 [Justice Eleanor J Funk]  AUTHOR’S NOTE: In this case, Justice Funk provided a critical analysis of the line between lawful "dual purpose" traffic stops and unlawful "ruse" stops under section 8 of the Charter, which protects individuals...
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...

The Defence Toolkit – June 22, 2024: “Mistaken Beliefs”

The Defence Toolkit – June 22, 2024: “Mistaken Beliefs”

This week's top three summaries: R v JB, 2024 ONCA 465: s.276 #mistaken belief, R v Jacques-Taylor, 2024 ONCA 458: s.11(b) #joint prosecution, and R v Neville, 2024 ABCA 191: Crown appeal #limits. R v JB, 2024 ONCA 465 [June 12, 2024] s.271: Honest but Mistaken Belief...

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The Defence Toolkit – May 18, 2024: Third Party Suspect

The Defence Toolkit – May 18, 2024: Third Party Suspect

This week's top three summaries: R v Appleton, 2024 ONCA 329: third party #suspect, R v AB, 2024 ONCA 111: CI #privilege, and R v Burkhard, 2024 ONCA 353: prior #consistent stmts. R v Appleton, 2024 ONCA 329 [May 2, 2024] Third Party Suspect: No Need for Application...

The Defence Toolkit – May 11, 2024

The Defence Toolkit – May 11, 2024

This week's top three summaries: R v Tayo Tompouba, 2024 SCC 16: #French rights, R v Williams, 2024 ONSC 1170: s.8 #abandonment, and R v DD, 2024 ABCJ 99: SOIRA exemption. R v Tayo Tompouba, 2024 SCC 16 [May 3, 2024] Section 530(1): Official Language Minority Rights...

The Defence Toolkit – May 4, 2024: “May the Force be With You”

The Defence Toolkit – May 4, 2024: “May the Force be With You”

This week's top three summaries: R v Thomas, 2024 NWTCA 3: Mens Rea & Actus Reus, R v Criece, 2024 SKCA 41: sentence #gap, and R v Morris, 2024 SKCA 36: #automatism. Our firm focuses on representation in complex criminal trials and criminal appeals. We also...

The Defence Toolkit – April 20, 2024: Blackout

The Defence Toolkit – April 20, 2024: Blackout

This week's top three summaries: R v Green, 2024 ABCA 118: #blackout and sex, R v TH, 2024 BCCA 123: CSO and appeal standard, and R v ADM, 2024 ABKB 212: #credibility and extrinsic facts. Our firm focuses on representation in complex criminal trials and criminal...

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