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 – July 25, 2026: Sleepwalking

by Pawel Milczarek | 25 July 2026 | Charter 11(b), Possession, Sexual Assault | 0 Comments

This week's top three summaries: R v DW, 2026 ABKB 519: #sleepwalk sex , R v Samandari-Matof, 2026 ABCA 55: #possession, R v Olafson, 2026 ABCJ 92: 11(b) court #overbooking R v DW, 2026 ABKB 519 [July 17, 2026] Sexual Assault Voluntariness: Sleepwalking [A.K. Akgungor J.] AUTHOR'S NOTE: Voluntariness is an essential element of every criminal offence. Although often discussed alongside actus reus and mens rea, it is analytically distinct: the Crown must prove that the accused's conduct was the...

The Defence Toolkit – July 17, 2026: An Open Crate

by Pawel Milczarek | 17 July 2026 | Charter s.8, Consecutive, Functus Officio, Onus | 0 Comments

This week's top three summaries: R v Parsley, 2026 NLCA 23: s.8 unusual #freight , R v Marjanovic, 2026 MBCA 61: #consecutive to life, R v MacKinnon, 2026 NSCA 54: #functus R v Parsley, 2026 NLCA 23 [June 29, 2026] Charter s.8: Freight Delivery [Reasons by D.M. Boone C.J.N.L. with K.J. O'Brien and G.L.C. Noel JJ.A concurring] AUTHOR'S NOTE: Once an accused establishes a reasonable expectation of privacy in the place or thing searched and demonstrates that the search was conducted without prior...

The Defence Toolkit – July 11, 2026: The Unsavoury Witness

by Pawel Milczarek | 11 July 2026 | Common Sense Assumptions, Judicial Notice, Uncategorized, Vetrovec Witnesses | 0 Comments

This week's top three summaries: R v Drake, 2026 NSCA 48: Vetrovec #confirmation, R v VRRR, 2026 MBCA 56: human #assumptions , R v Murphy and Wright, 2026 NSCA 51: #judicial notice mistrial R v Drake, 2026 NSCA 48 [June 17, 2026] Vetrovec: Confirmatory Evidence Requirements [Reasons by Farrar J.A. with Bourgeois and Derrick JJ.A concurring] AUTHOR'S NOTE: Once a witness is recognized as an unsavoury witness requiring a Vetrovec warning, the central question becomes whether there is evidence...

The Defence Toolkit – June 26, 2026: DNA Retention

Jun 26, 2026

This week's top three summaries: R v Vu, 2026 ONCA 429: #DNA retention, R v Ghandi, 2026 ONCA 407: virtual trial ID, R v AK, 2026 NUCA 4: rushed #deliberations R v Vu, 2026 ONCA 429 [June 17, 2026] Sentencing: Conditional Discharges and DNA Retention [Reasons by...

The Defence Toolkit – June 20, 2026: Fingerprints

Jun 20, 2026

This week's top three summaries: R v Kirkey, 2026 BCSC 973: #fingerprints, R v Esrabian, 2026 CanLii 53667: faint #hope, R v Slade, 2026 ONCA 381: command #hallucinations R v Kirkey, 2026 BCSC 973 [May 15, 2026] Circumstantial Evidence: Fingerprints [Gibb-Carsley J.]...

The Defence Toolkit – June 12, 2026: Trust and Authority

Jun 12, 2026

This week's top three summaries: R v Duke, 2026 SKCA 65: position of #trust, R v CATSA, 2026 ONSC 3077: general #warrant, R v Berg, 2026 SCC 21: W(D) trumps JJRD R v Duke, 2026 SKCA 65 [May 25, 2026] Position of Trust and Authority: Dissipation of Authority Over Time...

The Defence Toolkit – June 6, 2026: Other Officer’s Conclusions

Jun 6, 2026

This week's top three summaries: R v Okich, 2026 ABCJ 76: s.8 #reasonable grounds, R v Brashko, 2026 ABKB 407: #circumstantial evidence, R v Simpson, 2026 ONSC 2940: #remote trial R v Okich, 2026 ABCJ 76 [May 20, 2026] Charter s.8/9: Reasonable Grounds for Arrest...

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The Defence Toolkit – May 30, 2026: Incidental Search

May 30, 2026

This week's top three summaries: R v Munn, 2026 ABKB 253: s.8 incident to #arrest, R c Gagnon, 2026 QCCA 583: s.12 man min CP, R v Bremner, 2026 ABCA 77: #circumstantial ID R v Munn, 2026 ABKB 353 [May 7, 2026] Charter s.8: Search Incidental to Arrest [W.N. Renke J.]...

The Defence Toolkit – May 23, 2026: Guns in a Locker

May 23, 2026

This week's top three summaries: R v Paddy, 2026 SKCA 27: #prejudice v probative, R v ML, 2026 ONCA 339: #principled exp'n, R v DP, 2026 NSCA 34: #reasons on credibility R v Paddy, 2026 SKCA 27 [February 20, 2026] Conduct outside Indictment Period: Prejudicial Value...

The Defence Toolkit – May 16, 2026: Jury Challenge for Drug Use

May 16, 2026

This week's top three summaries: R v Sullivan, 2026 ABCA 140: #challenge for cause, R v Lekhraj, 2026 BCCA 175: accused #character, R v RN, 2026 ONCA 315: accused #fabrication R v Sullivan, 2026 ABCA 140 [April 29, 2026] Jury Challenge for Cause: Attitudes towards...

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