Category: Sexual Assault

Category: Sexual Assault

The Palpable Misinterpretation of the Law of Capacity to Consent

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Monday March 09, 2020.

In 2017, public outrage erupted over the sexual assault acquittal of a Halifax taxi driver after the media headlines denounced the judge for saying “clearly, a drunk can consent.” The Nova Scotia Court of Appeal confirmed that Justice Lenehan was correct in law, though his wording could have been better chosen, but the public continues to believe that the judge was wrong.   When the Nova Scotia Court of Appeal...
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Capacity to Consent in Sexual Assault Cases

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Tuesday February 25, 2020.

Joseph A. Neuberger Neuberger & Partners LLP With the increase in prosecutions of sexual assault accusations and recent changes to the rules of evidence at trial it is more important than ever to have legal counsel with experience and extensive knowledge in this area of law.   I have defended numerous cases hinging on a complainant’s capacity to consent at the time of the alleged encounter.  Despite common misperceptions about...
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Education of Judges on Sexual Assault Trials -“Education in Secret a Risk to Fair Trials”

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Sexual Assault on Thursday February 06, 2020.

Joseph A. Neuberger Neuberger & Partners LLP A Bill to re-educate judges on sexual assault trials has been brought back to parliament after failing to be passed by the Senate in 2017. Rona Ambrose had introduced Bill C-337 in the wake of a scandal which resulted in a former judge being removed from the bench after making what were deemed to be inappropriate comments during a sexual assault trial. After...
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The Continued Impact of Bill C-51 and the Ensuing Chaos in Sexual Assault Trials.

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday December 18, 2019.

By Joseph A. Neuberger Neuberger & Partners LLP A year after parliament’s new rules of evidence for sexual assault trials came into effect judges continue to disagree on how to uphold the constitutional rights of the accused. Until recently, the new legislation has been interpreted to require advance disclosure of defence evidence in a manner which would allow complainants to both know how they would be cross-examined and give them...
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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...
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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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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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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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