Archive for February, 2020

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Archive for February, 2020

Rooting out Stereotypes about Men in our Legal System

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 26, 2020.

While significant changes have been made to address stereotypes about women in our legal system, stereotypes about men continue to proliferate. The concept of “toxic masculinity” has grown in popularity with academics and the media but has no place in a court of law.   In a June 2019 decision, R v Cepic, the Ontario Court of Appeal ordered a retrial after the judge used myths about how men and...
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Capacity to Consent in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday February 25, 2020.

Joseph A. Neuberger Neuberger & Partners LLP With the increase in prosecutions of sexual assault accusations and recent changes to the rules of evidence at trial it is more important than ever to have legal counsel with experience and extensive knowledge in this area of law.   I have defended numerous cases hinging on a complainant’s capacity to consent at the time of the alleged encounter.  Despite common misperceptions about...
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Finally, Some Respect for Charter Rights

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 25, 2020.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers Toronto Airbnb Hidden Camera Case Demonstrates Once Again That Police Cannot Search a Residence without a Warrant. A person’s action or suspected actions does not give the right to police to search and seize property without a warrant in a residence. This was demonstrated once again in a recent Toronto case in which Airbnb owner, Michael Chow was charged with...
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Education of Judges on Sexual Assault Trials -“Education in Secret a Risk to Fair Trials”

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Thursday February 06, 2020.

Joseph A. Neuberger Neuberger & Partners LLP A Bill to re-educate judges on sexual assault trials has been brought back to parliament after failing to be passed by the Senate in 2017. Rona Ambrose had introduced Bill C-337 in the wake of a scandal which resulted in a former judge being removed from the bench after making what were deemed to be inappropriate comments during a sexual assault trial. After...
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