Month: March 2016

In our last post we wrote about the decision recently reached in the trial of former CBC radio host, Jian Ghomesh. In that post we provided information regarding why the justice reached the decision he did. Since the decision, the verdict has been the focus of many conversations both in the community as well as in the media. Our own Joseph Neuberger has been providing commentary on the trial to multiple media outlets including "Fifth Estate," CBC Radio's program "As It Happens," and the CTV News Channel. Among other things, on the Fifth Estate he discussed the focus the judge placed…

In an earlier post we wrote about the sexual assault trial of a former radio host. The man was facing multiple charges in connection with three different women. Specifically he was charged with four counts of sexual assault and one count of choking. At trial the man admitted to engaging in sex he characterized as “rough” but claimed the women who accused him of the criminal acts, consented to the activity. During trial, among other things, his defence lawyer pointed out inconsistencies in the testimony of his accusers. Recently a verdict was reached. An Ontario Court Justice acquitted the man of…

In many cases impaired driving charges follow the administration of a blood alcohol test. Even when such a test appears to show that someone is intoxicated it is possible that the accused could be acquitted of the charges. This is illustrated by the outcome of a recent case involving a dump truck crash that occurred in 2014. The Burlington Skyway crash occurred when the dump truck’s raised rear box ran into the bridge causing it to be closed for four days. Following the incident the driver of the dump truck was charged with: Impaired driving Driving with a blood alcohol level…

It is fair to say that most people are aware that driving while impaired is against the law. Because of this, many people who face the charge did not engage in the behavior knowingly. It is possible they thought they were fine to get behind the wheel and operate a vehicle. When such a charge is laid by the Crown, the specifics of the case will be relevant to the outcome. Recently the circumstances surrounding one man's arrest for drunk driving in Ontario resulted in the impaired driving charges against him, being dropped. The man was arrested for driving his friend's snowmobile…

It is fair to say that no one wants to be involved in a criminal case. The criminal justice system is complex and confusing. If not navigated correctly, serious consequences could be the outcome. Because of this it is in the best interest of anyone who finds they are in this situation to work with a lawyer who understands those complexities and how to navigate them. This is true regardless of who is facing the criminal charge. When it comes to criminal charges, no one is immune—even members of law enforcement. This is illustrated in the charges recently levelled against…

Throughout the Greater Toronto Area, residents rely upon their cellphones for communication. Whether that communication takes the form of talking, texting or email, few who have smartphones can likely imagine going back to a time when they were not available to use. Their popularity has ramifications in many different parts of life including criminal investigations. Specifically, questions have arisen regarding what information contained within the phone is discoverable to law enforcement. Recently the issue has been in the spotlight with our neighbor to the south as federal investigators in the United States seek to access the content of an iPhone…