Sex offender’s history, admissions makes his claims suspect

Sex offender’s history, admissions makes his claims suspect

On behalf of Neuberger & Partners LLP posted in Sexual Assault on Wednesday April 23, 2014.

There is no denying the fact that sex crimes are horrific. The problem is, however, that many people see little difference in someone being charged with sexual assault and being convicted of sexual assault. Just being associated with some kind of sex crime, even if it is an accusation, is enough for many people to consider a defendant guilty. If that is true, just imagine how difficult it is for individuals to remain unbiased when it comes to someone who has previously admitted to committing sex crimes.

While most people want nothing more than for the courts to lock away individuals who commit sexual assault, the Crown, the police and the courts must treat every defendant as innocent until proven guilty. Section 11 of the Canadian Charter of Rights and Freedoms says that not only does someone accused of sexual assault, just like someone accused of committing some kind of minor crime, have the right to be considered innocent, but he or she also has the right to appear before an “independent and impartial tribunal.”

So, when someone with a horrific track record of sexual assaults, someone who had been convicted of and served time for sex crimes as far back as 1969 and who has admitted responsibility to even more cases of sexual abuse, says that he has not committed all of the charges that he is facing, he deserves to be treated as any other defendant. The Crown cannot rely on this man’s history as proof that he has committed the crimes to which he refuses to plead guilty.

Sex crimes are difficult subjects to discuss, not least because of their tragic nature, but the Crown, police and the courts must all set aside their repulsion, fear and other emotions to give anyone charged with sexual assault the fair trial that he or she is guaranteed.

Source: The Toronto Star, “Survivors seek dangerous-offender label for sex-abuse ‘superstar’,” Rosie DiManno, April 23, 2014


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On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
  • All individuals entering our office will be required to use our hand sanitizer to ensure the safety of our other clients and staff;
  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
  • If a lawyer or client who has a scheduled meeting is feeling unwell, they will be strongly encouraged to stay home;
  • For the time being, we will avoid greeting clients and colleagues with our usual handshakes;
  • We will make every effort to ensure our firm will be stocked up with extra tissue and alcohol-based hand sanitizer; and
  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

Are staff and lawyers set up to work virtually?

  • All lawyers and staff are set up to work virtually and continue to assist clients and one another remotely. All lawyers are available via telephone, email and virtual video conferencing.

What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
  • The Court of Appeal for Ontario has suspended all scheduled appeals until April 3, 2020. But we are still able to file materials and apply for urgent appeals to be heard.
  • We will advise clients by email of their next Court date.

How can payments be made?

  • Payments can be made via e-transfer and visa payments can be made over the phone.

If I have to deliver something to my lawyer, how shall I go about it?

  • For clients who wish to drop off documents but do not wish to come in contact with any one at the firm, you are encouraged to drop them off in our mail slot in front of our office.

We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger