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 – June 26, 2026: DNA Retention

by Pawel Milczarek | 26 June 2026 | DNA Order, In-Dock, Rushing Deliberations, Sentencing | 0 Comments

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 George J.A. with B. Zarnett and J. Copeland JJ.A. concurring] AUTHOR'S NOTE: Amendments to the Criminal Code enacted in 2018 significantly altered the consequences of DNA collection orders following a conditional discharge. Although...

The Defence Toolkit – June 20, 2026: Fingerprints

by Pawel Milczarek | 20 June 2026 | Circumstantial Evidence, Faint Hope, NCRMD | 0 Comments

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.] AUTHOR'S NOTE: While the legal test governing circumstantial evidence is well established, its application can become blurred when different forms of evidence are combined. Cases involving fingerprints on movable objects often...

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

by Pawel Milczarek | 12 June 2026 | General Warrant, Search Warrants, Sexual Assault, The W(D) Instruction, Trust Relationships | 0 Comments

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 – 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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The Defence Toolkit – May 2, 2026: Persistent Badgering

May 2, 2026

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?

Apr 25, 2026

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...

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

Apr 18, 2026

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

Apr 11, 2026

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...

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