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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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The Advantage of Hiring a Domestic Assault Lawyer

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Friday January 04, 2019.

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...
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The Common Use of Domestic and Sexual Assault Allegations

On behalf of Neuberger & Partners LLP posted in Domestic Violence, Sexual Assault on Thursday December 20, 2018.

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...
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CAPACITY TO CONSENT TO SEXUAL ACTIVITY

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Friday November 30, 2018.

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...
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Recreational cannabis will pose new challenges for law enforcement

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Drug Manufacturing & Cultivation on Thursday November 29, 2018.

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,...
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Police charge Whitby driver after seizing over 40 kg of marijuana

On behalf of Neuberger & Partners LLP posted in drug charges, Drug Manufacturing & Cultivation, Drug Possession, Drug Trafficking on Friday October 12, 2018.

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....
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Text messages are protected against illegal search-and-seizure

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Driving Offences on Friday October 05, 2018.

Most text messages you send to another person are safe from unreasonable search or seizure by the police. The Supreme Court of Canada ruled that people have a ‘reasonable expectation of privacy’ when they send messages to someone else’s smartphone. This is not automatic. Courts will decide if the expectation of privacy applies based on the facts of a case. Consult a lawyer to determine if texts you sent are safe...
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Grandmother charged with impaired driving and failure to remain

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Driving Offences, Drunk Driving on Friday September 28, 2018.

A 54-year-old Whitby grandmother who crashed her SUV, sending her baby grandson to hospital, is facing impaired driving charges. The woman couldn’t control her vehicle and drove it through a fence. After entering an intersection, she could not drive away because the damage to the SUV was so extensive. The police took the grandmother and her grandson to hospital after finding them in their SUV. The boy was treated for...
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Will cannabis criminal records be expunged after legalization?

On behalf of Neuberger & Partners LLP posted in drug charges, Drug Manufacturing & Cultivation, Drug Possession, Drug Trafficking on Friday September 21, 2018.

Before October 16, 2018, an adult possessing 30 grams of cannabis is breaking the law. If convicted of possession, that person will have a criminal record. On and after October 17, 2018, possessing that cannabis will be perfectly legal. But a person’s criminal record for possessing cannabis will remain. This record can only be expunged under certain conditions and with the help of a criminal lawyer. Why a person’s criminal record...
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Will police test you for drug-impaired driving?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday September 14, 2018.

Soon, you may be asking “What is my nanogram count?” if you decide to drive after using cannabis. In June 2018, the federal government established new offences for cannabis-impaired driving. Lawyers will be studying the new laws to be ready to assist people charged with the new offences when they go into effect on December 19, 2018. How the drug-impaired driving test works. The test will be similar to the breathalyzer tests...
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