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Toronto Criminal Law Blog

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...
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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. ...
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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...
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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...
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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....
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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...
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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...
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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;...
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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...
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New (and arguably absurd) drinking and driving offences.

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Drunk Driving on Tuesday January 15, 2019.

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....
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CONTACT INFORMATION

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

COVID-19 UPDATE

On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger