Category: Criminal Defence

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...
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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...
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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hearings, many cases have been granted “stays” of proceedings – meaning that they did not proceed to trial, or charges withdrawn as the Crown often re-assesses reasonable prospect of conviction.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...
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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...
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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...
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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...

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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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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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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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;...
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