Archive for March, 2015

Archive for March, 2015

Distinction between edible and dry cannabis at issue in Supreme Court case

On behalf of Neuberger & Partners LLP posted in Drug Manufacturing & Cultivation on Wednesday March 25, 2015.

The Supreme Court of Canada is currently considering arguments about whether the regulation of medical marijuana -- specifically, edible cannabis products -- is arbitrary and unconstitutional. The case before the high court follows the acquittal of a British Columbia man who was charged with marijuana possession and marijuana trafficking. In 2009, police found edible marijuana products in his apartment. Those products reportedly included cannabis-infused olive oil and grapeseed oil and...
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Impaired driving case in Halton thrown out because of unreasonable delay

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday March 24, 2015.

Under the Canadian Charter of Rights and Freedoms, a person charged with a criminal offence has the right "to be informed without reasonable delay of the specific offence" and the right "to be tried within a reasonable time." If unreasonable delay in either of these capacities occurs, then it may be possible to have the case dismissed. That was the outcome after more than 11 months of delay in an...
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When a youth is the one charged with domestic assault

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Wednesday March 18, 2015.

A criminal charge can not only have a negative impact on the individual charged; the arrest may also result in unforeseen consequences for the defendant's family, especially if the charge arises from a domestic dispute. Mental health resources, addiction counselling and support agencies are available to families who are having difficulties at home, but often these resources are not utilized or simply don't have the desired effect. In some cases,...
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Charged with conspiracy to commit a drug crime? Know your defence options

On behalf of Neuberger & Partners LLP posted in Drug Manufacturing & Cultivation on Tuesday March 17, 2015.

Often people who find themselves charged with conspiracy in Ontario never thought they were "conspiring" to do anything. However, in legal terms, conspiracy occurs when two or more individuals agree together to commit a crime. In many cases, conspiracy charges are levelled in addition to other charges, which could include anything from embezzlement to drug importation. Most of the time, though, conspiracy charges are linked to drug crimes. If you...
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Police claim driver placed penny in mouth before breath test

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday March 11, 2015.

A recent impaired driving arrest raises some important issues that people in Ontario should understand with regard to breath tests. First, it is important to know that refusing a breath test is a crime in Ontario, and that breath test refusal can result in serious penalties. Those may include suspension of your driver's licence for a year, a fine, required alcohol counselling and much higher insurance rates. Refusing to provide...
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Amendment makes assault on a TTC driver an ‘aggravating circumstance’

On behalf of Neuberger & Partners LLP posted in violent crimes on Tuesday March 10, 2015.

When a court deems that a criminal offence was committed under "aggravating circumstances," sentencing may be increased. Examples of aggravating circumstances recognized by Canadian courts include the following: Evidence that the defendant abused someone younger than 18 Evidence that there was a relationship of trust or authority between the defendant and the victim Evidence that an assault or other criminal offence was motivated by prejudice or hate Evidence that the...
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Charged with domestic violence? Choose a defence lawyer with knowledge of family court proceedings

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Saturday March 07, 2015.

When a person is charged with domestic assault or criminal harassment, the stakes are high, even if the allegations are false. In these cases, police often have a policy of "arrest first, ask questions later," and people can find themselves unfairly accused or facing charges that simply don't fit the facts. Being accused of domestic violence can also have a serious impact on family court proceedings, as charges of domestic...
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Bill would limit parole chances for certain murder convictions

On behalf of Neuberger & Partners LLP posted in violent crimes on Friday March 06, 2015.

Public Safety Minister Steven Blaney made headlines back in January when he confirmed the prior intimations of Prime Minister Stephen Harper that new legislation designed to all but eliminate parole for certain first-degree murder convictions was forthcoming. It now appears as if the wait will soon be over, as Harper announced at a news conference held in the Toronto area this past Wednesday that legislation will be introduced next week...
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Ontario police engage in questionable practice of publishing defendants’ names

On behalf of Neuberger & Partners LLP posted in Drug Possession on Tuesday March 03, 2015.

Police forces in some parts of Ontario make it a point to publicly associate marijuana charges with accused individuals, even before the cases have been tried. For example, the Almaguin Highlands Ontario Provincial Police send out press releases that list the names of individuals charged with crimes, including possession of small amounts of marijuana. The detachment is thought to be the only one in the area to engage in this...
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