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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 is cracking down on distracted driving, and the consequences are severe. According to Ontario’s Ministry of Transportation Jeff Yurek, as of the first of this year, Ontario has the strictest…

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.  In order to prevent complainants from unnecessary humiliation at trial, there are very strict guidelines and procedures on what and how sexual history evidence can be used at trial.  In…

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 complainants in sexual assault trials. These changes mostly altered the way that evidence must be vetted prior to trial but haven’t changed whether or not relevant evidence is admissible. It…

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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; and To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.   It is always in your…

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 being laid with only the statement of the complainant to substantiate the allegations. The person who is accused of such an offence has his or her life turned upside down…

It is no mystery why Ontario law enforcement and safety advocates urge drivers to stay off the road after they have been using any substances that may result in impairment. Driving under the influence of drugs, even certain prescription drugs, raises the possibility that you will be involved in a motor vehicle accident that could cause you or others to suffer serious or fatal injuries. For this reason, if the police pull you over under suspicion that you have been taking drugs, your options may be limited. An arrest and conviction for driving under the influence of drugs can have a devastating…

We have seen a significant shift in the criminal justice system over the past two years that has and will continue to erode the ability of an individual's right to make full answer and defence to allegations of sexual assault. The most controversial changes as proposed by Bill C-51 is to automatically exclude relevant evidence in the possession of the accused. Text messages, emails, pictures, video recordings, even thank you cards, that have any content related in any way to "sex" with the complainant will be presumptively inadmissible even though it involves the actual subject matter of the alleged sexual…

As an accountant in Ontario, you would not have been where you are without investing substantial resources into gaining the qualifications necessary to practice your profession. For this reason, society typically holds CPAs to high standards of conduct. If you face allegations of misconduct, your personal and professional reputation could suffer significant harm that might even have long-term consequences. Your chosen field of work can be intensely competitive with mounting pressure to perform. If someone accuses you of straying into questionable activities, proactive steps to obtain skilled legal counsel may put you in the best position to protect yourself. Know…

Professional misconduct among educators in Ontario can take on different forms, and the severity can range from allegations of harm done directly to students to acts that could be detrimental to the profession. Misconduct charges against educators do not always involve actions that occurred on campus, nor do they always involve members of the school or college community. Unfortunately, almost all allegations of misconduct are severe and could have dire consequences -- even if there are no grounds for them. If you are a teacher, you have most likely worked extremely hard to reach your professional status. Allegations of misconduct after your…