Month: August 2014

Charges of sexual assault are not always based on allegations of extreme violence. Sometimes actions that one party thinks are permissible are actually not welcome by the other party, and allegations of inappropriate sexual contact ensue. A person can face a charge of sexual assault for touching another person in a way that is perceived to be inappropriate. Recently in Toronto, a man pleaded guilty to sexual assault in connection with an incident involving a Toronto Transit Commission ambassador. According to the TTC, the employee was approached by the 44-year-old man, who asked for help before allegedly making inappropriate contact with the…

"We can't arrest our way out of a problem." Those are words from the Sudbury police chief, speaking about the problem of domestic assault. A number of support groups have teamed with police in Sudbury on a pilot program that is meant not only to offer services to victims of domestic violence, but also to individuals who have been charged with assault. So far, no other city in Ontario has a program like this one. Many people who find themselves charged with domestic assault have also been victims of abuse, and by providing support to those individuals, the program's organizers hope to…

In complex cases involving allegations of violent crime, a multidisciplinary approach to criminal defence is often necessary to protect the rights of the accused. For example, flaws in the prosecution's evidence may not be obvious without the help of specialists who work with the defence in the pre-trial phase. Depending on the individual case, such experts may include psychologists, forensic specialists and experts in technology. In sexual assault and domestic assault cases, the work done before trial is often extremely important in achieving a favorable outcome for the defendant. These cases tend to evoke strong emotions, and at Neuberger & Partners…

Many people who find themselves facing drug charges have already experienced difficult circumstances in the time leading up to the arrest, but prosecutors nonetheless ask the court to impose heavy penalties upon conviction. Consider the case of a young father who has been diagnosed with cancer. The 23-year-old, who reportedly has three young children, was arrested in Greater Sudbury on July 12. The arrest came after police were investigating the man with regard to a separate matter. After locating him, police claimed to have seen marijuana in the man's possession. A search ensued, and a small amount of marijuana, 46…

People convicted of violent sexual offences can face a long list of penalties and restrictions in addition to prison time. Depending on the circumstances of a particular case, the consequences of a conviction in Canada could include the following: Placement on the sex-offender registry Entry of a DNA profile in a national databank Prohibition of contact with children Prohibition of being at a school, community centre, swimming pool, day care or any place where children might be Prohibition of consuming alcohol or illegal drugs A court-ordered curfew Upon a person’s release from prison after a sexual offence conviction, authorities may also alert…

Canadians are generally aware that drinking and driving is illegal. The blood-alcohol limit for drivers is 80 milligrams per 100 millilitres of blood. In addition to jail and fines, the consequences of being convicted of drinking and driving could include loss of driving privileges, higher insurance premiums, obstacles to employment, required treatment programs, probation and a criminal record. What you may not know is that you don't have to be behind the wheel of a car or a truck to be charged with impaired driving. Now that electric bicycles -- or e-bikes -- are more common in Toronto, riders should be…

Earlier this year, a man was convicted of manslaughter following the overdose death of a young woman in Winnipeg. The man was accused of providing the morphine pills that caused the woman's death. The conviction, which is based on the assertion that the man's selling the drugs caused the woman's overdose, is believed to be the only one of its kind in Canada. An appeal of the conviction is expected. Now Toronto police are treating two tragic overdose deaths at the recent VELD music festival as homicides. The drugs in question have not been identified, nor have any individuals suspected of…

When a complainant makes a sexual assault allegation many years after the offence is said to have occurred, the reliability of witness statements and the validity of the prosecution's evidence quickly come into question. A conviction on a sexual assault charge has extremely serious consequences. To protect their rights and freedom, accused individuals may need legal counsel to draw upon private investigators, technology experts and forensics experts in order to build a strong defence and effectively cross-examine complainants. All of these issues are brought to mind after the recent arrest of a 71-year-old Toronto man accused of committing sexual offences…

In the midst of large-scale police investigations that lead to multiple arrests, sometimes innocent people are in the wrong place at the wrong time and soon have to confront criminal charges. Overcharging is another common problem in police investigations that cast a wide net. While there may be someone who committed a crime, that doesn't necessarily mean that all parties involved should be charged with the same offence. In any case, to convict someone, the prosecution must establish an evidentiary link between the accused and the alleged crime. The question of such a link is likely to arise in the…

The conviction of a Halifax lawyer accused of sexual assault continues to be a controversy. The Crown argued that the 29-year-old defence lawyer sexually assaulted a 19-year-old woman while she was too impaired to consent to sex. The accused, however, said that the pair had consensual sex. A victim impact statement was apparently not filed by the woman. The man was charged with sexual assault and administering a stupefying substance, but the jury found him guilty only of sexual assault. He was acquitted of the other charge. The verdict sparked protests in June. For his recent sentencing, a crowd of…