Archive for February, 2015

Archive for February, 2015

What is the age of consent in Ontario? Are there exceptions?

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday February 26, 2015.

The question of consent is primary in many sexual assault cases. Under Ontario law, sexual assault occurs whenever an individual sexually touches another person without that person's consent. In other words, the touching does not have to be extremely violent in order to lead to a sexual assault charge, nor must a sexual assault charge be predicated on sexual intercourse. In Canada, the age of consent for sexual activity is...
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Neuberger & Partners take a detailed, custom approach to drug trafficking cases

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Thursday February 19, 2015.

In Canada, heroin is classified as a Schedule I substance under the Controlled Drugs and Substances Act. While the penalties for possession of a Schedule I drug may include fines, jail time and other consequences, the penalties for trafficking a Schedule I drug such as heroin can be even more severe, even if you have no prior convictions. An individual convicted of trafficking heroin in Ontario could face a lifetime...
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Police claim GTA residents were selling drugs from Niagara Falls hotel

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Wednesday February 18, 2015.

When multiple people are arrested in connection with alleged drug trafficking, the extent to which each party is involved, if at all, is often not immediately clear. People may find themselves facing a serious drug charge simply because they were in the wrong place at the wrong time. To convict a person of a drug offence, the prosecution must make an evidentiary connection between the defendant and the drug in question. If...
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What are the sex offender registration requirements in Ontario?

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday February 12, 2015.

The law in Ontario requires any resident who has been convicted of a designated sex offence to register with the province's sex offender registry. Individuals who have been convicted of sex crimes in other provinces or outside of Canada must also register. An individual listed on the registry must periodically report to police. The duration of the reporting requirement depends on the number of offences and the maximum sentence after...
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What are the possible penalties for impaired driving in Ontario?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday February 10, 2015.

The penalties imposed for impaired driving in Ontario are some of the toughest in North America. Many people don't fully understand the burden a conviction can place on them until they are convicted. To lighten that burden as much as possible or to prevent a conviction altogether, it is crucial to have an experienced criminal defence lawyer on your side throughout the legal process. A brief discussion of the penalties...
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Study shows how easily interrogation tactics elicit false confessions

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 04, 2015.

Police in Canada are currently allowed to use deceptive tactics to a certain extent when interviewing a person suspected of a crime. In reality, misleading suspects in an effort to get them to confess is a common practice in police interviews. For example, the Reid technique is a complex form of manipulation used by police, and the technique has been shown many times to have elicited false confessions. A study recently published...
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Things to know about mandatory minimum sentences for drug crimes

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Monday February 02, 2015.

In 2012 Canadian legislators passed the controversial Safe Streets and Communities Act, which, among other things, set mandatory minimum sentences for certain kinds of drug offences and increased prison sentences for marijuana offences. Specifically, the law requires a minimum prison sentence of one year if the accused is convicted of a drug crime under any of the following circumstances: The defendant was previously convicted of a designated drug offence within...
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