Archive for February, 2021

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Archive for February, 2021

The Meaning of “Control” in Prostitution

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday February 05, 2021.

Since the beginning of 2020, the new prostitution laws under section 286 of the Criminal Code of Canada have been on constitutionally shaky grounds in Ontario. On February 21, 2020, in the case of R. v. Anwar, 2020 ONCJ 103, Justice McKay found almost all the sections of 286 unconstitutional and not saved under section 1 of the Charter. The accused in that case were not charged under section 286.1...
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Reasonable Steps and Sexual Consent

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday February 01, 2021.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers In a number of recent sexual assault cases, trial judges have been asked to find an accused guilty based on his own evidence. The Crown argument has been that, by the accused’s own testimony, they failed to take reasonable steps to obtain affirmative consent prior to engaging in a sexual act. In R. v. M.F., 2020 ONSC 5061 Justice Varpio...
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