Archive for January, 2021

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Archive for January, 2021

Supreme Court Rulings from The Bench

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday January 25, 2021.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers   Throughout October, November and December 2020, the Supreme Court of Canada heard appeals in ten different cases involving sexual assault appeals. In seven of those cases the appeal was granted or dismissed after only a short recess. In all seven rulings from the bench, the Supreme Court found in favour of the Crown and confirmed or restored the convictions....
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The Second Lockdown – What does that Mean for You and Your Rights?

On behalf of Neuberger & Partners LLP posted in COVID-19 on Friday January 15, 2021.

Joseph A. Neuberger Neuberger & Partners LLP, Criminal Defence Lawyers The Provincial government has again declared a state of emergency under the Emergency Management and Civil Protection Act.  Under that power the government has made a “stay at home” order permitting Ontarians to leave their residence for only defined purposes (approximately 33 essential reasons) including exercise, walking pets, going to and from essential work, health care, shopping for necessities such...
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The Ongoing Error of Credibility Contests in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday January 13, 2021.

Joseph A. Neuberger Neuberger & Partners LLP, Criminal Defence Lawyers Since the Ontario Court of Appeal decision in R. v. J.J.R.D., O.J. No. 4749 there has been significant movement away from following the three step process for assessing testimony, as previously outlined in the Supreme Court’s 1991 decision in R. v. W.(D.) Many judges have focused on the third step, beginning with a review of the evidence as a whole....
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