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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 – June 12, 2026: Trust and Authority

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 [Reasons by Tholl J.A. with Caldwell and McCreary JJ.A. concurring] AUTHOR'S NOTE: In cases involving complainants aged 16 or older, consent may be vitiated where the accused occupies a position of trust or authority in relation...

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

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 [A.A. Fradsham J.] AUTHOR'S NOTE: Police officers are entitled to rely on information obtained from others when forming reasonable grounds for arrest. The information supporting an arrest need not be based entirely on the arresting...

The Defence Toolkit – May 30, 2026: Incidental Search

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.] AUTHOR'S NOTE: A search incidental to arrest must be genuinely connected to a lawful purpose arising from the arrest itself. That purpose is ordinarily confined to officer or public safety, preservation of evidence, or the...
The Defence Toolkit – May 16, 2026: Jury Challenge for Drug Use

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

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...

The Defence Toolkit – May 9, 2026: Mistaken Identity

The Defence Toolkit – May 9, 2026: Mistaken Identity

This week's top three summaries: R v TG, 2026 ONCA 298: s.9 #mistake ID, R v JHC, 2026 ONCA 285: non-verbal #consent, R v SF, 2026 ONCA 293: bad character #consent R v TG, 2026 ONCA 298 [April 29, 2026] Charter s.9: A Case of Mistaken Identity [Reasons on s.9 by...

The Defence Toolkit – May 2, 2026: Persistent Badgering

The Defence Toolkit – May 2, 2026: Persistent Badgering

This week's top three summaries: R v SM, 2026 NSCA 30: s271 and #persistent badgering, R v Stark, 2026 SKCA 48: s.8 non-consent #inferences, R v Skiffington, 2026 BCCA 151: s715.1 #factors R v SM, 2026 NSCA 30 [April 13, 2026] Sexual Assault: Persistent Badgering is...

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

The Defence Toolkit – April 25, 2026: Resemblance or Nothing?

This week's top three summaries: R v Fitzpatrick, 2026 ONCA 261: #resemblance ID, R v Applegarth, 2026 ABCA 122: #murder intent, R v Deidun, 2026 ONCA 211: #procuring elements R v Fitzpatrick, 2026 ONCA 262 [March 25, 2026] Identification Evidence: Resemblance...

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The Defence Toolkit – April 18, 2026: Defence Family Collusion

The Defence Toolkit – April 18, 2026: Defence Family Collusion

This week's top three summaries: R v AS, 2026 ONCA 241: #family fabrication, R v Comber, 2026 MBCA 27: #murder common sense, R v Nordquist, 2026 SKCA 20: #self-defence R v AS, 2026 ONCA 241 [April 2, 2026] Accused Exculpatory Evidence: Family Fabrication [Reasons by...

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

The Defence Toolkit – April 11, 2026: No Fixed Order for Decisions

This week's top three summaries: R v Hawco, 2026 BCCA 69: #reasoning process, R v Weatherston, 2026 YKCA 5: 276 #judge responsible, R v AB, 2026 ONCA 116: s.7 silence R v Hawco, 2026 BCCA 69 [February 24, 2026] Beyond a Reasonable Doubt: Explicit Reasoning Process...

The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

The Defence Toolkit: February 28, 2026 – Video Analysis by Judges

This week's top three summaries: R v Benn, 2026 ABCA 14: #video ID and DNA, R v Kipusi, 2026 ONCA 86: s.7 #disclosure NCR, R v JB, 2026 ONCA 44: #trust relationships R v Benn, 2026 ABCA 14 [January 19, 2026] Identification: Dangers of Video Review by Judges and Limits...

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