Archive for June, 2020

By Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers In a recent decision from the Ontario Superior Court, Justice Copeland rejected a Crown appeal of an acquittal based on grounds that the trial judge had relied on stereotypes and myths about sexual assault. In the case of R. v. Solomon, 2020 ONSC 2640 the Crown unsuccessfully argued that the trial judge misapplied the law of consent and employed...
Continue reading Complainants In Sexual Assault Trials Are Not To Be Granted “Better Footing” Than Any Other Witness or Complainant...

By Joseph A. Neuberger,* Neuberger & Partners LLP Criminal Defence Lawyers and Diana Davison**   On June 3, 2020, the Ontario Court of Appeal ruled that section 33.1 of the Criminal Code was unconstitutional for barring self-induced extreme intoxication as a defence in crimes of violence including those that involve bodily harm, death or sexual assault. Public outrage was quickly generated based on misinformation about what this decision means and...
Continue reading Regina v. Sullivan, 2020 ONCA 333 – Misinformation is Fueling Outrage about the Defence of Intoxication...