Setting laws for driving under the influence of pot will be toughAs most Canadians are aware, the federal government has vowed to legalize marijuana in this country. Part of the plan includes changes to laws covering driving under the influence of drugs in Ontario and across Canada. While the need to regulate driving while high is obvious, how it can be accomplished is less clear. Some experts believe it will be very difficult to establish legal limits for pot impairment. Read More.
SCC ruling makes child-luring laws 'fairer to accused'
Ruling sends message about cases with clear evidence of fabrication
Quantum of damages at issue in civil suit against Muzzo
Public perception can play into decision to pursue weak case
Proposed law on roadside breath tests may be unconstitutional
Process must be followed when seizing video evidence
Preparation is key to cross-examination
Preliminary hearing vital component of justice system
Pot dispensaries the product of gov't missed messaging
Planned speech by Ghomeshi's lawyer to four universities sparks debateThe choice of Jian Ghomeshi's lawyer as a speaker at four Canadian universities is sparking debate on one Nova Scotia campus. Marie Henein, a prominent Toronto defence lawyer, is scheduled to speak at Bishops University in February, with the presentation live-streamed to St. Francis Xavier, Acadia and Mount Allison universities. Read More.
Patient accuses doctor of sexual assaultCertain professions require a person to deal with others at an atypical level of intimacy. Individuals with such careers may find themselves in potentially compromising situations, situations in which some may perceive a breach of trust has occurred. An Ontario doctor stands accused of sexual assault after a patient felt such a breach took place. Read More.
Optics of conflict 'concerning' following fundraiser
OCA ruling on sexual assault case is fair and just: Neuberger
No charges for Sen. Pamela Wallin an apt outcome after Duffy trialhe closing of the RCMP investigation against Sen. Pamela Wallin is a natural and appropriate step given the thorough decision in the Sen. Mike Duffy trial, Toronto criminal lawyer Joseph Neuberger tells AdvocateDaily.com. “It was made extremely clear that the case against Sen. Mike Duffy was based on straw,” Neuberger tells the online legal publication. “The Senate rules and guidelines in place at the time of these impugned expenditures were archaic, vague and even permissive for questionable expenditures.” Read More.
New sex assault laws will curb, vet cross-examination: Neuberger
New evidence presented in Toronto police sexual assault trialSexual assault trials are high-stakes affairs for those on both sides of the allegation. These cases are notoriously complex, especially when substance use is involved. This week, the defence for Toronto police officers accused of sexual assault produced video evidence that raised questions for jurors and the general public alike. Read More.
Neuberger urges police discretion in period of marijuana transition
Neuberger to share insights on trial preparation at LSUC eventToronto criminal lawyer Joseph Neuberger will share tips for trial preparation with attendees at the upcoming Paralegal Practice Basics: Criminal Law program, hosted by the Law Society of Upper Canada (LSUC). Read More.
Neuberger to co-host live radio call-in show on legal issues
Man sentenced to house arrest for domestic assaultBy Joseph Neuberger Many people have experienced a moment in their lives when they acted in a manner that was out of character. If a crime is alleged to have been committed during one of these moments, it may ultimately be viewed in a different light than the actions of a habitual offender. A northern Ontario man found himself in court recently, facing domestic assault charges after acting out uncharacteristically. Read More.
Law should be decided upon the act itself, not the consequences
'Knee-jerk reaction' to any specific case is wrong
Justice system designed to release offenders back into society
Judicial Council facing difficult decision about judge
Judge's criticism of legal aid a 'brave statement'
Judge's comments must not impact right to fair trial
Judge correct in striking down mandatory minimum: Neuberger
Impaired driving alleged in crash that killed twoBy Joseph Neuberger Recovering from a serious car accident can be a difficult process. Knowing that accident claimed the lives of two others would make it beyond painful. Sadly, that's the situation for a man accused of impaired driving after an accident north of Toronto this past summer. Read More.
Joseph Neuberger hits the ground running as TLA presidentCriminal lawyer Joseph Neuberger begins his term today as president of the Toronto Lawyers Association with a mandate to tackle two ongoing issues – access to justice and maintaining proper funding for Legal Aid Ontario. Neuberger, senior partner with Neuberger and Partners LLP and certified specialist in criminal law, is moving into the president’s seat after serving for the past year as TLA vice-president. Neuberger joined the association board as a trustee in 2004 and has been on the executive since 2009, previously serving as secretary and treasurer. Read More.
Health ministry 'owes us a duty of care:' Neuberger
Ghomeshi outcome 'appropriate'Resolving an allegation of sexual assault against Jian Ghomeshi through a peace bond falls in line with how such a tool is commonly used in the justice system, Toronto criminal lawyer Joseph Neuberger tells Zoomer Radio. CBC's The National “I believe this is the most appropriate resolution,” he says. Neuberger, partner at Neuberger & Partners LLP, says a peace bond resolution can signal that the Crown felt it didn’t have sufficient evidence to proceed or that it wasn’t in the public’s — or the complainant’s — interest to proceed with the trial. Read More.
Fraud incidents in Ontario becoming more prevalentBy Joseph Neuberger There is a new law on the books that makes it illegal to sell anything related to utilities by going door to door. The Consumer Protection Act in Ontario was recently amended to clearly state that things like air conditioning, water treatment units, purifiers, duct cleaning, furnaces and the like can't be peddled by knocking on someone's door. Some people have been scammed by fraud associated with these types of sales. The best thing for people to do, according to the authorities, is to shut the door. Read More.
Former chief justice right on sexual assault casesThe Supreme Court of Canada’s former chief justice Beverley McLachlin was right to stress the rights of accused to a fair trial in sexual assault cases during a recent speech, Toronto criminal lawyer Joseph Neuberger tells AdvocateDaily.com. The Globe and Mail reports that McLachlin used her acceptance speech for the Criminal Lawyers’ Association’s G. Arthur Martin Criminal Justice Medal for lifetime achievement to say that complainants in sexual assault cases have a right to be treated with dignity. Read More
Joseph Neuberger: Family law matters jumping to criminal courtsFor the third time within recent weeks Toronto defence lawyer Joseph Neuberger has had criminal allegations that arose in family court dismissed against his clients. But, while he achieved favourable results for his clients, Neuberger says he’s concerned by what he thinks is a trend of false allegations made in family matters jumping to the criminal courts to be used as leverage in the prior proceedings. Read More.
False domestic abuse allegations cause long-standing traumaSometimes people falsely accused of domestic abuse never recover from the trauma, says Toronto criminal lawyer Joseph Neuberger. A recent ruling saw a woman sentenced to 60 days in jail for a bogus claim that her ex-spouse choked and tried to rape her in 2015. Her lies resulted in the man spending 19 days in jail before she recanted her claim, reports the National Post. “When you did what you did, you not only hurt (the ex-spouse), you hurt every real victim out there, every real complainant,” Ontario Court Justice Karen Lische told the woman, the Post reported. Read More
Failed breath test won't guarantee impaired driving convictionBy Joseph Neuberger Failing a roadside breath test is a frightening prospect. A conviction for impaired driving may mean a fine, a lost licence, and perhaps other penalties. Those are serious punishments for the average citizen. However, there have been many cases wherein failed tests did not lead to convictions. A recent example happened in Ontario when a woman's case was dismissed for a Charter violation. Read More
Exploding dispensary leads to drug trafficking chargeBy Joseph Neuberger The ongoing dispute between citizens and marijuana dispensaries in Toronto shows no sign of abating. While drug trafficking charges have been laid in some cases, these businesses often operate in a legal grey area. A catastrophic event at one Forest Hill dispensary has brought a lot of attention to the neighbourhood, and legal trouble for one man. Read More
Expansion of ‘rape shield’ law will lead to wrongful convictions: NeubergerProposed changes to Canada’s sex assault laws — that would make a complainant’s relevant sexual communications presumptively inadmissible — are a direct attack on an individual’s right to make full answer and defence, says Toronto criminal lawyer Joseph Neuberger. “It will just lead to wrongful convictions,” says Neuberger, founding partner with Neuberger & Partners LLP. Read More
Expansion of ‘rape shield’ law will lead to wrongful convictions: NeubergerProposed changes to Canada’s sex assault laws — that would make a complainant’s relevant sexual communications presumptively inadmissible — are a direct attack on an individual’s right to make full answer and defence, says Toronto criminal lawyer Joseph Neuberger. “It will just lead to wrongful convictions,” says Neuberger, founding partner with Neuberger & Partners LLP. this is unconstitutional.” Read More
Evidence key consideration in historical sex assault cases
Duffy verdict may impact cases against other senatorsA judge’s finding of not guilty for Sen. Mike Duffy on 31 criminal charges will likely have a large effect on cases against other senators who are being investigated for expense-related issues, Toronto criminal lawyer Joseph Neuberger tells CBC’s The National. He says the investigators and the prosecutors "will now have to carefully scrutinize the facts they are building their case on because they know there is a judicial standard, a statement now made, that the rules and policies in place are non-specific and do not give good guidance. Read More
Dozens of criminal charges laid after seizure of guns and drugsWhen it comes to guns and drugs, the law seldom treads lightly. Any men or women facing criminal charges for committing crimes in this arena will likely have the fight of their lives on their hands when they go to trial. That will no doubt be the case for a group of young adults recently arrested in Toronto. Read More
Domestic violence and psychedelic drugsBy Joseph Neuberger In our last post we wrote about the existence of a domestic violence court in the province of Ontario. The court is used in cases where the individuals involved in the alleged activity share an intimate relationship. At the end of the process, if the accused is found guilty, it is possible he or she could face serious consequences. But what if the focus was instead on the prevention of domestic violence? Read More
Court's new practice direction a response to Jordan concernsA new practice direction from the Ontario Superior Court of Justice that proposes to enhance the “timeliness, appropriate scheduling and trial readiness” of criminal proceedings is an attempt to address the ramifications of the R. v. Jordan decision — and other provinces will likely follow suit, Toronto criminal lawyer Joseph Neuberger tells The Lawyer’s Daily. Read More
Courts need stronger role in ensuring offender safety in prison.A convicted child pornographer’s bid for a stay of conviction as a result of suffering abuse in prison may not go very far, but it does raise the broader issue of how to ensure the safety of offenders in jails, Toronto criminal lawyer Joseph Neuberger tells The John Oakley Show on Talk Radio AM 640. Read More
Court rules suspicion of impaired driving grounds for breath test.
Cognitive functioning key in 'incapacity to consent' cases: Neuberger.A Superior Court judge has found a man not guilty of sexual assault after criminal lawyers Joseph Neuberger and Stacey Nichols extensively cross-examined all Crown witnesses during a five-day trial. “When dealing with sexual assault cases where the Crown alleges ‘incapacity to consent’ it is extremely important to focus on the surrounding evidence and to understand cognitive functioning, and that consent to intimate contact requires a minimal level of cognitive functioning,” Neuberger tells AdvocateDaily.com. Read More
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
Billiards with the Bar supports a food program for the needy.Toronto criminal lawyer Joseph Neuberger is urging his colleagues to come out for an evening of billiards and fun in support of a vital food program that may be the victim of its own success. The third annual Billiards with the Bar fundraiser, held at the famed Rivoli nightspot, is aiming to double the $12,700 it raised last year for the Toronto Lawyers Feed the Hungry Program. “It’s a great opportunity for us to give back to the community,” says Neuberger, senior partner with Neuberger & Partners LLP.Read More
Billiards with the Bar fundraiser: lawyers helping those in need.Serving more than 60,000 meals each year to people in need, the Toronto Lawyers Feed the Hungry Program is putting out a call for help to the legal community, says Toronto criminal lawyer Joseph Neuberger. Read More.
Bill C-51 — evidence in sexual assault cases
As crime rate decreases, charges for illegal substances rise.By Joseph Neuberger As the Canadian government seeks to change laws surrounding marijuana usage, statistics show that police officers are increasingly cracking down on pot and other drugs. The police-reported crime rate in Canada has been on steady decline since its peak in 1991. However, Statistics Canada reports that police-reported charges related to illegal substances have been on the rise during this period. Read More
Are you facing a misconduct claim as a real estate professional?By Joseph Neuberger If you are a real estate professional in Ontario, society will hold you to a high standard of professional conduct. Your investment into qualifying for and practising your profession can be in jeopardy in the event of allegations of misconduct. If you do not handle such charges appropriately, damage to your reputation might have long-term consequences. Read More
Appeal court confirms implied violence can lead to weapons ban.As a recent Ontario Court of Appeal decision in a break and enter case confirms, implicit threats of violence can be enough to meet the criteria for a weapons prohibition under the Criminal Code, Toronto criminal lawyer Joseph Neuberger tells Lawyers Weekly. Read More
Alleged car theft results in drug charges.There are a variety of situations that could lead to someone being arrested for committing an alleged crime. Recently we wrote about drug charges that were laid after a sweep was conducted in Toronto. While that is one way in which charges could arise, it is not the only one. Other times tips from other citizens could prompt police to take action. The recent arrest of three individuals in Toronto provides a good example of this. Read More
A 13-year-old cannot be tried as an adult for murder.It’s rare — though not unheard of — for a serious charge such as first-degree murder to be laid against a 13-year-old, Toronto criminal lawyer Joseph Neuberger tells Global News. Read More
Sentencing hearing for ‘chair girl’ adjourned before it got started.Marcella Zoia denies that she posted the infamous video of her throwing the chair to social media, but the crown says she did. Catherine McDonald has more. Learn More. (https://globalnews.ca)
Great volunteers help cue up Billiards with the Bar fundraiser.Everyone is invited to enjoy a relaxing evening of pool, music, and great food as Neuberger & Partners LLP, Hull & Hull LLP, and the Toronto Lawyers Association host the annual Billiards With the Bar fundraiser on Nov. 14, says Toronto criminal lawyer Joseph Neuberger. Read More
Difficult legal road to prove Minassian not criminally responsible.Proving mass murder suspect Alek Minassian was not criminally responsible due to a mental disorder will be a tough legal challenge, says a leading Toronto defence lawyer. Joseph Neuberger is also a member of the Ontario Review Board which oversees 1500 people who have been found either unfit to stand trial or suffering from a disease of the mind that rendered them incapable of knowing the crime they were committing was morally and legally wrong. Read More (https://torontosun.com).
Chalk one up in the fight against hunger.Neuberger & Partners LLP, Hull & Hull LLP, and the Toronto Lawyers Association will host an annual fundraising event in support of the Lawyers Feed the Hungry program in November. The sixth annual Billiards with the Bar fundraiser will be held Nov. 14 from 6- 10 p.m. at the Rivoli, 334 Queen St. W., 2nd Floor, Toronto, says Toronto criminal lawyer Joseph Neuberger. Read more
Banning of CBD user at U.S. border 'ridiculous': Neuberger.Canadians must heed warnings that even though marijuana products are legal in many states, taking them across the U.S. border is not, says Toronto criminal lawyer Joseph Neuberger. Neuberger, a partner with Neuberger & Partners LLP, says the case of a British Columbia woman who is facing a lifetime ban from the U.S. after carrying medicinal CBD (cannabidiol) oil into Washington state is a perfect example. Read more
New "Ghomeshi Rules" will turn our courts into a circusAs Canadian judges struggle with the new so-called "Ghomeshi Rules" in accusations of sexual assault, many innocent men may go to prison. Former CBC radio host Jian Ghomeshi was acquitted of sexual assault in a sensational, high profile trial back in 2016. Each of the complainants were deemed by Judge Horkins in that case to have "breached her oath to tell the truth" and even the media, who were mostly salivating for a conviction, had to admit that Ghomeshi should not have been convicted. Read More (www.thepostmillennial.com).
SCC dissenting voices speak volumes in sexual assault case.It's significant that the Supreme Court of Canada (SCC) found a trial judge erred in not allowing a line of questioning surrounding the pregnancy of the complainant in a sexual assault case, says Toronto criminal lawyer Joseph Neuberger. Read more
University tribunals are no substitute for courtsThe 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.
Identification evidence is all about reliability: NeubergerJuries 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. Read More.
Rape shield amendments interfere with access to justiceA 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
Troubling legislation results from 'knee-jerk' reactionsHashtag 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. Read More.
Joseph Neuberger's media roundupToronto 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
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
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
New law may jail innocent people.Youtube Link 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: NeubergerThe 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
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
Scrutiny heightens on NCR findingsTwo 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
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
Billiards event chalks up record sum to feed the hungryThe 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
Stay serves setback to cops who delay right to counsel: NeubergerPolice 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
Fifth Billiards with the Bar fundraiser: Lawyers Feed the Hungry marks 20 yearsFun, 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
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