Blog

Toronto Criminal Law Blog

Death of Due Process and Limits to Full Answer and Defence

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday October 09, 2019.

Joseph Neuberger, Neuberger & Partners LLP Criminal Defence Lawyers   Effective September 19, 2019, the Liberal government struck a blow to due process in the name of political correctness.  Recent amendments to the Criminal Code as amended by Bill C-75 have eliminated preliminary hearings for any offence with a maximum penalty under 14 years of imprisonment.  The government professed that this was to modernize the criminal justice system and to...
Continue reading Death of Due Process and Limits to Full Answer and Defence...

Share on:

Driving and the use of Your Phone

On behalf of Neuberger & Partners LLP posted in Driving Offences on Monday August 19, 2019.

In December of 2017, Ontario passed Bill 174 regulating the sale of recreational marijuana in the province. Under the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act there are changes to the distracted driving laws that came into effect on January 1st, 2019. This will have an impact on all drivers, not just those driving under the influence of alcohol or cannabis. Under the new amendment law enforcement...
Continue reading Driving and the use of Your Phone...

Share on:

How the Recent Changes to the Criminal Code May Affect Your Sexual Assault Trial

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday August 14, 2019.

Joseph A. Neuberger Neuberger & Partners LLP www.nrlawyers.com If you have been charged with sexual assault, it is of the utmost importance that you and your lawyer lay out a coherent defence theory and obtain all necessary evidence to marshal your defence.  This will often include details of the complainant’s sexual history as it relates to your defence and to issues that are relevant in the evidence of the complainant. ...
Continue reading How the Recent Changes to the Criminal Code May Affect Your Sexual Assault Trial...

Share on:

An Attack on the Right to Make Full Answer and Defence in Sexual Assault Trials

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Thursday August 01, 2019.

By Joseph A. Neuberger Neuberger & Partners LLP www.nrlawyers.com Growing public and media attention on the way sexual assault trials are conducted has increased the scrutiny upon defence lawyers and how these trials are conducted, with a focus on the way a complainant experiences the trial process. Since new legislation was passed in Canada, by Bill C-51 in December 2018, there are new rules governing evidence and the cross-examination of...
Continue reading An Attack on the Right to Make Full Answer and Defence in Sexual Assault Trials...

Share on:

Supreme Court of Canada Clarifies Use of Prior Sexual Activity and Re-defines Consent in Honest but Mistaken Belief in Consent Defences in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Friday June 28, 2019.

Joseph A. Neuberger, LL.B., LL.M., C.S. Neuberger & Partners LLP www.nrlawyers.com In a recent precedent setting case out of Alberta, the Supreme Court of Canada overturned Bradley Barton’s manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Mr. Barton was on trial for first degree murder in the death of an Indigenous woman...
Continue reading Supreme Court of Canada Clarifies Use of Prior Sexual Activity and Re-defines Consent in Honest but Mistaken Belief in Consent Defences in Sexual Assault Cases...

Share on:

New (and Arguably Absurd) Drinking and Driving Offences

On behalf of Neuberger & Partners LLP posted in Criminal Defence, drug charges, Drunk Driving on Thursday June 27, 2019.

By Christopher K. Assié & Joseph Neuberger Neuberger & Partners LLP The new amendments to the Criminal Code have changed the drinking and driving landscape significantly. Two changes are attracting particular attention due to their impacts on protected Charter rights and a serious potential for wrongful convictions. Arguably the most concerning amendment is the creation of a new offence – consuming too much alcohol or drugs after driving. Under s....
Continue reading New (and Arguably Absurd) Drinking and Driving Offences...

Share on:

What You Need to Know About Impaired Driving Charges in 2019

On behalf of Neuberger & Partners LLP posted in Criminal Defence, drug charges, Drunk Driving on Thursday June 27, 2019.

Recent changes to the impaired driving laws by the Federal Government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, December 18, 2018. These changes come as part of Bill C-46 which was enacted to ensure deterrence from impaired driving by making the penalties some of the most severe in the world. What Hasn't Changed The...
Continue reading What You Need to Know About Impaired Driving Charges in 2019...

Share on:

University Tribunals are no Substitute for Courts

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday June 10, 2019.

The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights.  Increasingly students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. The accusations being made through these tribunals are often very...
Continue reading University Tribunals are no Substitute for Courts...

Tags:

Share on:

Know Your Rights: Get in Touch with an Experienced Criminal Defense Lawyer

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Monday March 04, 2019.

Being arrested, detained or charged with a crime can leave you feeling scared and vulnerable. It’s important to remember that in a situation like this, you still have rights. Under Section 10 of the Canadian Charter of Rights and Freedoms, everyone has the right on arrest or detention: To be informed promptly of the reasons therefor; To retain and instruct counsel without delay and to be informed of that right;...
Continue reading Know Your Rights: Get in Touch with an Experienced Criminal Defense Lawyer...

Share on:

Bill C-51 and its Implications.

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Monday January 28, 2019.

What is Bill C-51? According to the Government of Canada’s website it is, “Legislation introduced by the Minister of Justice and Attorney General of Canada on June 6, 2017 reflects the Government of Canada’s ongoing commitment to ensure that Canada’s criminal justice system protects Canadians, holds offenders to account, shows compassion to victims, and upholds the Canadian Charter of Rights and Freedoms.” Advocates for those falsely accused of sex crimes...
Continue reading Bill C-51 and its Implications....

Share on:

ARCHIVES

CONTACT INFORMATION

1392 Eglinton Avenue West
Toronto, ON M6C 2E4
Fax (416) 364-3271