The Defence Toolkit

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 18, 2025: Criminal Defence Crisis

by Pawel Milczarek | 18 October 2025 | Anonymous Tipster, Circumstantial Identification Evidence, Ineffective Counsel | 0 Comments

This week's top three summaries: R v BN, 2025 ABKB 535: #ineffective lawyer, R v Shah, 2025 ABKB 535: s.8 #informant, R v Mohamed Mussa, 2025 ABKB 543: #circumstantial ID R. v. BN, 2025 ABKB 535 [September 18, 2025] Ineffective Assistance of Counsel [Justice C.D. Millsap] AUTHOR'S NOTE: Judicial Courage and the Erosion of Competent Defence Representation The principles in this decision are not novel — but the courage of the trial judge to apply them faithfully is, regrettably, an outlier in...

The Defence Toolkit – October 11, 2025: The Right to Full Cross-Examination

by Pawel Milczarek | 11 October 2025 | After the Fact Conduct, Demeanour Evidence, Fundamental Concepts, Jury Charge - Relating Law to Evidence, The Right to Cross-Examination, Vetrovec Witnesses | 0 Comments

This week's top three summaries: R v IMB, 2025 ONCA 678: #cross & #demeanour, R v Daignault, 2025 ABCA 328: #cross & Vetrovec, R v Penner, 2025 YKCA 14: 271 #relating to evidence R. v. I.M.B., 2025 ONCA 678 [October 1, 2025] Reliance on Evidence when Curtailed Cross-Examination; Demeanour of the Accused [C.W. Hourigan, P.J. Monahan, and J. Dawe JJ.A.] AUTHOR'S NOTE: Limits on Curtailing Cross-Examination and the Use of Demeanour in Assessing Credibility This case is a strong reminder...

The Defence Toolkit – October 4, 2025: Police Agents

by Pawel Milczarek | 4 October 2025 | Charter s.8, Delayed Report, Police Agent, Propensity Reasoning, Sexual Assault | 0 Comments

This week's top three summaries: R v Pham, 2025 BCCA 324: police #agent, R v KWP, 2025 ABCA 312: judge #propensity, R v IJM, 2025 ABCA 311: 271 #delayed report R. v. Pham, 2025 BCCA 324 [September 17, 2025] Charter s.8: Corporate Police Agency [Reasons by Dewitt-Van Oosten J.A. with Groberman and Edelmann JJ.A. concurring] AUTHOR'S NOTE: Police–Corporate Cooperation and the Erosion of Privacy One of the most significant threats to privacy today lies in the cooperation between police agencies...

The Defence Toolkit – September 13, 2025: Mens Rea and Failure Offences

Sep 13, 2025

This week's top three summaries: R v Emereuwa, 2025 SKCA 83: #failure and intent, R v Dos Santos, 2025 ONCA 598: 11(b) #mistrial, R v DM, 2025 ABCJ 134: #alibi R v Emereuwa, 2025 SKCA 83 [September 3, 2025] Statutory Interpretation of Required Mens Rea and Failure to...

The Defence Toolkit – September 6, 2025: The Grainy Video and Circumstantial Evidence

Sep 6, 2025

This week's top three summaries: R v Meier, 2025 MBCA 74: #gun #video circumstantial, R v DL, 2025 SKCA 498: #excessive intervention, R v Moore, 2025 PECA 589: cross on #discreditable R v Meier, 2025 MBCA 74 [August 18, 2025] Circumstantial Evidence: Video Recording...

The Defence Toolkit – August 30, 2025: A Group Attack

Aug 30, 2025

This week's top three summaries: R v Sels, 2025 ONCA 592: #defence v group, R v Singh, 2025 ONCA 498: directed #verdict guilty?, R v Pierre, 2025 ABCA 589: #instructions after-the-fact R v Sels, 2025 ONCA 592 [August 14, 2025] Self Defence: Against a Perceived Group...

The Defence Toolkit – August 16, 2025: Reasons for Non-Consent

Aug 16, 2025

This week's top three summaries: R v PE, 2025 ABCA 272: prior #victimization, R v Thomson, 2025 ONCA 500: s.10(b) strip #search, R v Harding, 2025 ABCA 266: preventing #cross R v PE, 2025 ABCA 272 [August 8, 2025] Crown-led Sexual History Evidence: Prior Sexual...

Browse Popular Categories

Browse All Categories

Evidence

Sentencing

Charter s.8

Appeals

Credibility

Sexual Assault

The Defence Toolkit – August 2, 2025: Diminished Moral Blameworthiness

Aug 2, 2025

This week's top three summaries: R v IM, 2025 SCC 23: YCJA adult #sentences, R v Stewart, 2025 NSCA 57: #blackout & consent, R v Rashed, 2025 ONCA 515: #accessory wilful blindness R v IM, 2025 SCC 23 [July 18, 2025] Youth Criminal Justice Act sentencing: Adult...

The Defence Toolkit – July 19, 2025: Crown discretion

Jul 19, 2025

This week's top three summaries: R v Varennes, 2025 SCC 22: #Crown discretion review, R v JN, 2025 ONSC 4041: #bad character, R v AC, 2025 ONSC 3892: #admissions explanation R v Varennes, 2025 SCC 22 [July 11, 2025] Review of Crown Discretion: Charter 24(1), Abuse of...

The Defence Toolkit – July 12, 2025: Intoxication

Jul 12, 2025

This week's top three summaries: R v Crossley, 2025 BCCA 224: #intoxication & #murder, R v Khan, 2025 ABKB 357: s.9 #pill bottle, R v Barker, 2025 ONSC 3513: s.9 #onus and #ruse R v Crossley, 2025 BCCA 224 [June 27, 2025] Murder: Defence of Intoxication [Reasons...

The Defence Toolkit – July 5, 2025: A Flashback

Jul 5, 2025

This week's top three summaries: R v Singh, 2025 ONCA 460: #omissions and #flashbacks, R v OW, 2025 ONSC 2922: #exclusive opportunity ID, R v Grant and Scott, 2025 ONSC 3513: s.9 #grounds for arrest R v Singh, 2025 ONCA 460 [June 25, 2025] Reliability: Omissions to...

The lawyers at Sitar & Milczarek love written advocacy and ghostwriting services

Our lawyers have been litigating criminal trials and appeals for over 16 years in courtrooms throughout Canada. We can be of assistance to your practice. Whether you are looking for an appeal referral or some help with a complex written argument, our firm may be able to help. Our firm provides the following services available to other lawyers for referrals or contract work:

Please review the rest of the website to see if our services are right for you.

Sitar & Milczarek