The Defence Toolkit - Page 4 of 25

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, [...]

27 05, 2023

The Defence Toolkit – May 27, 2023: “DYU? – I don’t know”
The Defence Toolkit – May 27, 2023: “DYU? – I don’t know”

Charter 10(b), Defence Re-Opening, Hearsay, Informational Duty, Narrative Exception

The Defence Toolkit – May 27, 2023: “DYU? – I don’t know”

By Pawel Milczarek|2023-05-27T10:10:17-06:00May 27th, 2023|Charter 10(b), Defence Re-Opening, Hearsay, Informational Duty, Narrative Exception|0 Comments

This week's top three summaries: R v CL, 2023 SKCA 58: s.10(b) informational duty, R v Castro Wunsch, 2023 ABCA 160: narrative & #hearsay, [...]

20 05, 2023

The Defence Toolkit – May 20, 2023 “When the Witness ran from Court”
The Defence Toolkit – May 20, 2023 “When the Witness ran from Court”

Beyond a Reasonable Doubt, Fundamental Concepts, Hearsay, Murder Parole Eligibility Reduction, Necessity, The Principled Exception

The Defence Toolkit – May 20, 2023 “When the Witness ran from Court”

By Pawel Milczarek|2023-05-20T08:36:06-06:00May 20th, 2023|Beyond a Reasonable Doubt, Fundamental Concepts, Hearsay, Murder Parole Eligibility Reduction, Necessity, The Principled Exception|0 Comments

This week's top three summaries: R v LaChance, 2023 SKCA 48: #necessity and hearsay exp'n, R v Bruzzese, 2023 ONCA 300: absence of #forensics, [...]

13 05, 2023

The Defence Toolkit – May 13, 2023: “Manifest Frivolity”
The Defence Toolkit – May 13, 2023: “Manifest Frivolity”

Accused Exculpatory Testimony - Fabrication, Charter s24(1) Remedy, Defence Reasonably Available, Defence Vukelich, Evidence, Fundamental Concepts, Stay of Proceedings, Voir Dire Format

The Defence Toolkit – May 13, 2023: “Manifest Frivolity”

By Pawel Milczarek|2023-05-13T09:45:20-06:00May 13th, 2023|Accused Exculpatory Testimony - Fabrication, Charter s24(1) Remedy, Defence Reasonably Available, Defence Vukelich, Evidence, Fundamental Concepts, Stay of Proceedings, Voir Dire Format|0 Comments

This week's top three summaries: R v Haevischer, 2023 SCC 11: #summary dismissal & voir dires, R v Hanan, 2023 SCC 12: 11(b) defence [...]

22 04, 2023

The Defence Toolkit – April 22, 2023
The Defence Toolkit – April 22, 2023

Charter s.7, Charter s.9, Disclosure, Miscarriage of Justice, Overturning a Guilty Plea, Racialized Minorities, Refusal

The Defence Toolkit – April 22, 2023

By Pawel Milczarek|2023-04-22T09:43:00-06:00April 22nd, 2023|Charter s.7, Charter s.9, Disclosure, Miscarriage of Justice, Overturning a Guilty Plea, Racialized Minorities, Refusal|0 Comments

This week's top three summaries: R v Bouvette, 2023 BCCA 152: #disclosure and appeals, R v Breault, 2023 SCC 9: #refusal and ASD, and [...]

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.