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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 – March 8, 2025: The Reid Technique

This week's top three summaries: R v Ordonio, 2025 ONCA 135: s.8 #voluntariness & time, R v Deverze, self #defence and weapon and R v Hallman, 2025 ONCA 123: #provocation R v Ordonio, 2025 ONCA 135 [February 25, 2025] Voluntariness: Length of the Interrogation and the Reid Technique [Reasons by David Brown J.A. with Janet Simmons and L. Favreau JJ.A concurring]  AUTHOR’S NOTE: The Reid Technique has been widely litigated in criminal cases, and while this decision did not explicitly add it...

The Defence Toolkit – March 1, 2025: Search Warrants and Names

This week's top three summaries: R v Payne, 2025 NSCA 10: s.8 #warrant review, R v Ozeir, s.9 individual #grounds and R v Trepanier, 2025 ONSC 1200: #principled exception R v Payne, 2025 NSCA 11 [February 20, 2025] Charter s.8: Search Warrant Review: Identification of the Suspect [Reasons by Beaton J.A. with Van den Eynden and Derrick JJ.A concurring]  AUTHOR’S NOTE: Police have extensive resources to identify suspects, including databases with photos, property records, and prior contacts...

The Defence Toolkit – February 22, 2025: Parole Eligibility and Pre-Trial Custody

This week's top three summaries: R v Sheepway, 2025 YKCA 1: #parole & pre-trial custody, R v Khamvongsa, 2025 ABCA 43: #inconsistencies and R v Wendt and Ferri, 2025 ONSC 812: s.8 home #safety search R v Sheepway, 2025 YKCA 1 [February 11, 2025] Harsh Pre-Trial Conditions and Parole Eligibility on Second Degree Murder [Reasons by Griffin J.A. with Butler J.A concurring and Charlesworth J.A. dissenting]  AUTHOR’S NOTE: A second-degree murder conviction requires a life sentence, but the...
The Defence Toolkit – February 8, 2025 – Severing Charges

The Defence Toolkit – February 8, 2025 – Severing Charges

This week's top three summaries: R v Boucher, 2025 ABKB 56: charges #severance, R v Leonard, 2025 ONCA 57: insufficient #reasons and R v Buonomo, 2025 ONCA 62: BPA #fentanyl R v Boucher, 2025 ABKB 56 [January 30, 2025] Severance of Charges: Murder and Other Offences...

The Defence Toolkit – January 25, 2025: Video Statements

The Defence Toolkit – January 25, 2025: Video Statements

This week's top three summaries: R v Reves, 2025 ABCA 5: s.715.1 #statements, R v SLB, 2024 ABCA 412: #historical memory, and R v RB-C, 2024 ONCA 930: 11(b) post-conviction R v Reves, 2025 ABCA 5 [January 9, 2025] Admissibility of s.715.1 Statements: Context of Prior...

The Defence Toolkit – December 21, 2024: Non-stranger Identification

The Defence Toolkit – December 21, 2024: Non-stranger Identification

This week's top three summaries: R v DGA, 2024 SKCA 114: prior ID non-stranger, R v Watson, 2024 ONSC 6781: #duress, and R v Osaigbovo, 2024 ONSC 6914: no reasons = #mistrial R v DGA, 2024 SKCA 114 [December 10, 2024] Identification Evidence: Non-Strangers and Prior...

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The Defence Toolkit – December 7, 2024: Oppressive Conditions

The Defence Toolkit – December 7, 2024: Oppressive Conditions

This week's top three summaries: R v TD, 2024 ABKB 605: #voluntariness, R v Williams, 2024 ONSC 6707: s.8: indiscernible items, and R v Gorges, 2024 ONCA 870: s.276 #procedure R v TD, 2024 ABKB 605 [October 11, 2024] Voluntariness - Oppressive Conditions - Complete...

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