The Defence Toolkit - Page 3 of 25

21 10, 2023

The Defence Toolkit – October 21, 2023
The Defence Toolkit – October 21, 2023

Charter 10(b), Charter s.7, Charter s.8, Charter s.9, Reasonable Grounds, Search Incident to Arrest, Use of Civil Judgment, Without Delay

The Defence Toolkit – October 21, 2023

By Pawel Milczarek|2023-10-21T10:11:58-06:00October 21st, 2023|Charter 10(b), Charter s.7, Charter s.8, Charter s.9, Reasonable Grounds, Search Incident to Arrest, Use of Civil Judgment, Without Delay|0 Comments

This week's top three summaries: R v Gallant, 2023 BCSC 1786: s.9/8 grounds - drug #pipe, R v Brazeau, 2023 ABCJ 211: s.7 [...]

14 10, 2023

The Defence Toolkit – October 14, 2023: “choices they would not have made when sober”
The Defence Toolkit – October 14, 2023: “choices they would not have made when sober”

Capacity to Consent, Memory Gaps, Possession of Stolen Property, Res Gestae, Sexual Assault

The Defence Toolkit – October 14, 2023: “choices they would not have made when sober”

By Pawel Milczarek|2023-10-14T10:05:17-06:00October 14th, 2023|Capacity to Consent, Memory Gaps, Possession of Stolen Property, Res Gestae, Sexual Assault|0 Comments

This week's top three summaries: R v Demong, 2023 SKCA 109: s.271 #blackout & intoxication, R v Westcott, 2023 ABCJ 205: res gestae, [...]

7 10, 2023

The Defence Toolkit – October 7, 2023
The Defence Toolkit – October 7, 2023

Appeals, Contact Prohibitions, Ineffective Assistance, Insufficient Reasons, Sentencing

The Defence Toolkit – October 7, 2023

By Pawel Milczarek|2023-10-07T08:59:10-06:00October 7th, 2023|Appeals, Contact Prohibitions, Ineffective Assistance, Insufficient Reasons, Sentencing|0 Comments

This week's top three summaries: R v DG, 2023 ONCA 588: reconciling #credibility findings, R v Brick, 2023 SKCA 107: #judging own client, [...]

30 09, 2023

The Defence Toolkit – September 30, 2023 – “Ex Parte”
The Defence Toolkit – September 30, 2023 – “Ex Parte”

715.1 Video Evidence, Joint Submissions, Presence at Trial s.650, Procedure, Sentencing

The Defence Toolkit – September 30, 2023 – “Ex Parte”

By Pawel Milczarek|2023-09-30T09:50:01-06:00September 30th, 2023|715.1 Video Evidence, Joint Submissions, Presence at Trial s.650, Procedure, Sentencing|1 Comment

This week's top three summaries: R v MC, 2023 ONCA 611: right to #present, R v JDC, 2023 ABCA 255: s.715.1 #memory, and [...]

23 09, 2023

The Defence Toolkit – Sept 23, 2023 “The Good Samaritan”
The Defence Toolkit – Sept 23, 2023 “The Good Samaritan”

Accused Exculpatory Testimony - Fabrication, Charter s.8, Charter s.9, Evidence, Good Samaritan, Reasonable Suspicion, The W(D) Instruction

The Defence Toolkit – Sept 23, 2023 “The Good Samaritan”

By Pawel Milczarek|2023-09-23T08:50:38-06:00September 23rd, 2023|Accused Exculpatory Testimony - Fabrication, Charter s.8, Charter s.9, Evidence, Good Samaritan, Reasonable Suspicion, The W(D) Instruction|0 Comments

This week's top three summaries: R v Wilson, 2023 SKCA 106: good #Samaritan, R v Sabiston, 2023 SKCA 105: #suspicion + test what?, [...]

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, [...]

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.