Blog

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...

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: sexual assault

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...

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....

By Joseph Neuberger and Christopher Assié Originally published by Lexus Nexis. (www.thelawyersdaily.ca)   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....
Continue reading New (and arguably absurd) drinking and driving offences....

Tags: drinking and driving, driving under the influence

Life has a habit of throwing you curves. There can be situations where, in a million years, you would have never expected that you would need to hire a criminal defence lawyer. Domestic abuse allegations are very serious and can have dire consequences for the person accused of family relations, including custody and access to children. In Ontario, there are mandatory charge polices that result in a charge or charges...
Continue reading The Advantage of Hiring a Domestic Assault Lawyer...

We live in an age where sexual assault and domestic violence allegations are being taken more seriously than ever before. And for the true victims of these crimes, this comes as a welcome relief.  Sadly however, there are those that would take advantage of the seriousness of such allegations and falsely use them to their own benefit. Being falsely accused of domestic violence - whether an assault or sexual assault...
Continue reading The Common Use of Domestic and Sexual Assault Allegations...

Joseph A. Neuberger, LL.B., LL.M., C.S. Neuberger & Partners LLP Having defended well over 1000 sexual assault cases, a considerable percentage have involved alleged sexual assaults when both parties have been drinking or under the influence of a drug.  The thrust of the prosecution case is that as a result of the complainant’s level of intoxication, she or he lacked the capacity to consent to sex. Often during cross-examination the...
Continue reading CAPACITY TO CONSENT TO SEXUAL ACTIVITY...

Tags: sexual assault

The legalization of recreational cannabis in Canada has raised various questions about how law enforcement will deal with a likely increase in impaired driving charges. If we want to know what the future might have in store,, we can look at the State of Colorado which legalized recreational marijuana approximately four years ago. In Colorado, the rate of impaired driving under the influence of cannabis has dramatically increased. In fact,...
Continue reading Recreational cannabis will pose new challenges for law enforcement...

Tags: drinking and driving, impaired driving

Marijuana possession and use will be legal in Canada after October 17, 2018. But a Whitby driver greatly exceeded the new 30-gram limit and is facing charges after police seized 44 kilograms of marijuana from his car. The Ontario Provincial Police (OPP) allege that the driver was speeding on Highway 401 near Napanee. When police pulled the driver over, they saw large garbage bags in the back of his vehicle....
Continue reading Police charge Whitby driver after seizing over 40 kg of marijuana...

Tags: Criminal Defence