Blog

Toronto Criminal Law Blog

The Presumption of Guilt in Bail Hearings.

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday November 05, 2019.

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers www.nrlawyers.com Recent changes to the bail hearing provisions in the Criminal Code of Canada, for those accused of domestic violence, including assault and sexual assault, the government has created a reverse onus for anyone with a previous, related conviction.  With the passing of Bill C-75, the presumption of innocence has taken a back seat in order to address concerns from...
Continue reading The Presumption of Guilt in Bail Hearings....

Share on:

Attack on the Rules of Evidence in Sexual Assault Cases.

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

Joseph A. Neuberger Neuberger & Partners LLP Criminal Defence Lawyers The justice system depends upon public faith to give it legitimacy and that faith must remain intact for both the complainants of crime and the accused. Not only should complainants expect to have their grievances properly heard, an accused must have access to a fair and impartial hearing with procedural and evidentiary protections to ensure a fair trial. In recent...
Continue reading Attack on the Rules of Evidence in Sexual Assault Cases....

Share on:

Important Strategy to Deal with the Loss of the Preliminary Hearing

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Monday October 21, 2019.

By Joseph Neuberger Neuberger & Partners Criminal Defence Lawyers Preliminary hearings have played an important role in the justice system ever since the Criminal Code of Canada was introduced in 1892. As a result of these hearings, many cases have been granted “stays” of proceedings – meaning that they did not proceed to trial, or charges withdrawn as the Crown often re-assesses reasonable prospect of conviction.  The Crown always has...
Continue reading Important Strategy to Deal with the Loss of the Preliminary Hearing...

Share on:

Death of Picking an Impartial Jury

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday October 10, 2019.

Joseph Neuberger, Neuberger & Partners LLP Criminal Defence Lawyers As an adjunct to a previous short piece I penned on Bill C-75, I believe it is important to note another significant blow to our rights in Canada. Among many changes brought in under Bill C-75, the Liberal government also struck a direct blow to the right on an accused person to pick an impartial jury in a criminal trial. In...
Continue reading Death of Picking an Impartial Jury...

Share on:

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:

CONTACT INFORMATION

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