University tribunals are no substitute for courts
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. Read more (AdvocateDaily)
Identification evidence is all about reliability: Neuberger
Juries must be very careful when assessing the reliability of eyewitness evidence, as there is a very good chance it is incorrect, says Toronto criminal lawyer Joseph Neuberger. AdvocateDaily.com.
Rape shield amendments interfere with access to justice
A recent case illustrates how amendments to the rape shield provisions of the Criminal Code have “thrown criminal litigation into insane disarray,” says Toronto criminal lawyer Joseph Neuberger. Read more (AdvocateDaily)
Troubling legislation results from ‘knee-jerk’ reactions
Hashtag activism and the government’s reaction to it have led to bad law, particularly the elimination of peremptory jury challenges, the reduction in preliminary inquiries, and the curtailing of defence rights in sexual assault trials, Toronto criminal lawyer Joseph Neuberger tells AdvocateDaily.com.
Civil suit connected to Meng’s extradition strategy: Neuberger.
A notice of civil claim filed by Huawei executive Meng Wanzhou alleging serious violations of her constitutional rights is “an oblique attack on the extradition process” she is facing, Toronto criminal lawyer Joseph Neuberger tells 900CHML Radio. Read more (AdvocateDaily)
Joseph Neuberger’s media roundup
Toronto criminal lawyer Joseph Neuberger is frequently called upon by the media to be a trusted source for their news stories, particularly for his focus on criminal law matters.
Here is the most recent list: Read more (AdvocateDaily)
SCC hearing provides hope on relationship evidence.
Toronto criminal lawyer Joseph Neuberger says he is encouraged by a Supreme Court of Canada (SCC) hearing on the admissibility of relationship evidence in cases of sexual assault. Read more (AdvocateDaily)
Are police violating your rights by testing for sobriety without cause?
“The argument that you haven’t done anything wrong so you should have nothing to hide, does that mean police shouldn’t need search warrants to search our homes and our computers?” Neuberger said. Read more (The Globe And Mail).
Canada is using online outrage to make dangerous changes to the criminal code.
Almost a year ago, Prime Minister Trudeau and his Minister of Justice took to Twitter to undermine the Canadian public’s faith in our own legal system. Read more (The Post Millennial).
Latest drinking and driving legislation ‘unfathomable:’ Neuberger
“Troubling” legislation that allows police to demand a breath sample two hours after a driver has parked their car will eventually be contested at the Supreme Court, predicts Toronto criminal lawyer Joseph Neuberger, whose firm is often retained to run constitutional challenges. Read more (AdvocateDaily)
New law may jail innocent people.
Some laws passed by our government are enacted in ways that are later deemed to be unconstitutional. It happens. And it usually takes years before a successful challenge makes it all the way to Supreme Court to be overturned. Read More(The Post Millennial).
Fight against Bill C-51 just beginning: Neuberger
The legal profession will rise up to challenge the constitutionality of the federal government’s proposed Bill C-51 once it becomes law, says Toronto criminal defence lawyer Joseph Neuberger. Read more (AdvocateDaily)
Power to demand breath samples strips civil liberties: Neuberger.
Giving police the power to demand a mandatory breath sample from any driver they lawfully stop is an “unnecessary” erosion of civil liberties that will clog the courts with challenges for years, Toronto criminal lawyer Joseph Neuberger tells Global News Radio. Read more (AdvocateDaily)
Scrutiny heightens on NCR findings
Two high-profile criminal proceedings in Toronto have again put a spotlight on the issue of defendants who are found not criminally responsible as a result of mental illness and what needs to be shown before this finding is accepted. Read more (Law Times)
Neuberger urges police discretion in period of marijuana transition.
Police should use discretion with members of the public as they become accustomed to new laws surrounding marijuana possession, Toronto criminal lawyer Joseph Neuberger writes in The Lawyer’s Daily.
Read more (AdvocateDaily)
Will cannabis criminal records be expunged after legalization?
Before Oct. 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 Oct. 17, 2018, possessing that cannabis will be perfectly legal. But a person’s criminal record for possessing cannabis will remain. Read more (AdvocateDaily)
Billiards event chalks up record sum to feed the hungry
The annual Billiards with the Bar charity event celebrated its fifth anniversary in style, pocketing a record sum to feed the hungry, former Toronto Lawyers Association (TLA) president Joseph Neuberger tells AdvocateDaily.com. Read more (AdvocateDaily)
Stay serves setback to cops who delay right to counsel: Neuberger
Police who delay an arrested person’s right to counsel have suffered another setback in Ontario Superior Court after Toronto criminal lawyer Joseph Neuberger recently won a stay of charges against a man caught with a backpack full of stolen opioids. Read More (AdvocateDaily)
Fifth Billiards with the Bar fundraiser: Lawyers Feed the Hungry marks 20 years
Fun, food and fundraising make for the perfect combination at the annual Billiards with the Bar charity event, former Toronto Lawyers Association (TLA) president Joseph Neuberger tells AdvocateDaily.com. Read More(AdvocateDaily)
What to expect if police suspect you are driving on drugs.
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. Read More(AdvocateDaily)