Archive for July, 2016

Archive for July, 2016

Probation for man charged with domestic assault in Niagara

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Saturday July 30, 2016.

Any violent crime, and domestic assault in particular, is a serious matter. For those facing charges for domestic assault, just as serious is the need for a strong criminal defence strategy. Consider the case of a domestic assault that recently came before the court in St. Catherines, Ontario. A 23-year old Niagara man got into a dispute with his partner, which escalated into a physical altercation. Alcohol was allegedly involved in the incident,...
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Victim of domestic assault in Kingston denies attack occurred

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday July 28, 2016.

It is well-known that many cases of violence against spouses or partners go unreported by victims, and the offenders regularly go unpunished. However, charges can be laid by police in Ontario without the cooperation of victims if the authorities have a reasonable suspicion that a domestic assault occurred. This is known as the "mandatory charging policy," and such a case recently came to light in Kingston. During the early hours of July 19,...
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Drug-impaired Ontario drivers will be subject to more suspensions

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday July 26, 2016.

According to the Toronto Sun, beginning on October 2, Ontario law enforcement will have broader power in roadside stops. A police officer will then be allowed to issue “escalating roadside driving suspensions of three, seven or 30 days” if the officer has a reasonable belief that the driver in question was driving while impaired by the use of drugs. The article cites Bob Nichols of the Ontario Ministry of Transportation for...
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Supreme Court allows retroactive Internet-ban application

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Sunday July 24, 2016.

The Supreme Court of Canada released an opinion Thursday that finds that a new law allowing an Internet ban for a convicted child predator can be applied retroactively and still comply with the Canadian Constitution. In the British Columbia case of R. v. K.R.J., the defendant pleaded guilty to incest and child pornography concerning his young daughter. Between the time of offending and sentencing, Parliament amended the Criminal Code in 2012 by...
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Drug charges for marijuana possession still pursued

On behalf of Neuberger & Partners LLP posted in Drug Possession on Friday July 22, 2016.

When it comes to laying criminal charges, in some cases the Crown has leeway regarding whether a charge is filed. This means that someone could find that they are being prosecuted for a possession of a small portion of drugs such as marijuana. While legalization of the drug appears to be on the horizon, the federal government is nonetheless still pursuing charges for even very small amounts. This is illustrated in the...
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Could provincial courts be improved?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday July 21, 2016.

For most people who are accused of committing a crime, the trial process is scary. Though a high percentage of these cases are heard in a provincial court—more than 95 per cent—those who find themselves in this situation likely have little knowledge of the criminal court system. As is the case with many things in life, some individuals believe there is room for improvement concerning the current provincial court system. Among...
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Study finds lack of ethnic diversity among Canadian judges

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday July 21, 2016.

This week, CBC News published an article by The Canadian Press about a study recently posted in the magazine Policy Options that concluded that of the 2,160 judges in superior and lower provincial courts, only three per cent are members of “racial minorities” and only one per cent is Aboriginal. In the lower provincial courts where most criminal cases are tried, out of 1,132 judges, 52 are of a visible minority and 19 Indigenous....
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London priest charged with theft of funds for refugees

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday July 20, 2016.

A Chaldean Catholic priest of London has been charged with the theft of $500,000 that was raised to help sponsor refugees for resettlement. The 51-year-old clergyman has been under investigation since February for misappropriation of funds meant for the church-sponsored program. The Canadian Press reports that the money had been donated by more than 20 individuals. According to The Huffington Post Canada, family members had given the money to help sponsor loved ones overseas...
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Supreme Court of Canada expands scope of police search powers

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday July 19, 2016.

On June 23, the Supreme Court of Canada handed down an opinion that significantly expands the power of Canadian police to conduct intrusive body searches on criminal defendants without first obtaining judicial warrants. In R. v. Saeed, law enforcement — without a warrant — required the arrested suspect in a sexual assault case to perform a penile swab on himself in an attempt to gather DNA evidence of the victim. Section...
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Supreme Court speaks on Charter right to a speedy trial: Part 3

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday July 15, 2016.

We return today to a topic we have covered twice before: last week’s important Supreme Court of Canada decision that established a new framework for a Canadian court to use in measuring whether a delay to a criminal trial was unreasonable in violation of the defendant’s constitutional right to a speedy trial. The Supreme Court in the case of R. v. Jordan set a presumptive ceiling of reasonable time within which a criminal...
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