Category: crime

Category: crime

Criminal law is federal law, or is it?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday June 17, 2014.

Most people in Mississauga know that criminal law is the domain of the federal government, so why have provinces and territories passed civil and administrative laws that, in effect, criminalize certain behaviour? And, if provinces are creating these quasi-criminal laws, are individuals' Charter of Rights and Freedoms rights being respected? These are some of the questions that many people in the criminal defence field have. One of the great things about the...
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Paradox: having a ‘criminal’ record despite never being convicted

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday May 27, 2014.

Though most people in Markham would worry if they were arrested by police, they might not think too much about consequences if they were released shortly thereafter and never charged with anything. The problem is, however, that just because an individual has not been charged with a crime does not mean that he or she does not have a criminal record. Unfortunately, there are a number of people listed on the...
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Brampton realtor forced to give up licence because of charges

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Friday May 09, 2014.

Though we often mention the noncriminal consequences of a conviction, we generally must talk in the abstract because the stories are about people battling charges or who have just been convicted. This week's story is about a realtor from Brampton who was charged with breaking and entering and theft who faced some very concrete consequences from the charges. Ultimately, the Crown withdrew the charges nearly one year after first charging him. For...
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Conviction stayed for man beaten by police

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Wednesday February 19, 2014.

There are certain rights that all Canadian defendants and suspects have, many of which are designed to protect them from inappropriate treatment by the government. This includes police. There are certain things that police officers just can't do to suspects. One of the reasons is because if a suspect talks or admits to something, police want the admission to be of the suspect's own free will. If a court believes...
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Ontario judges critical of mandatory minimum sentencing

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday November 21, 2013.

When someone is arrested and charged with a crime in North York, the presumption is that he or she will receive an appropriate sentence if he or she is convicted. Unfortunately, when a judge is forced to enforce a mandatory minimum sentence, there is a possibility that someone will be sent to prison for far longer than he or she really should, at least based on the circumstances leading to...
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Ottawa judge recognizes the importance of Charter rights

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday October 17, 2013.

There are very few criminal charges in Ontario that carry the same weight or gravity as sexual crimes committed against a minor. Being convicted of possession of child pornography may mean years in prison and forever being labelled as a sex offender. The punishment is severe, which is why it is so important that any violation of the Charter of Rights and Freedoms be investigated thoroughly before a conviction is handed down....
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Ontario minister allows all police officers to carry Tasers

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday August 27, 2013.

Many people in Toronto have heard of the untimely death of an 18-year-old boy on a Toronto streetcar late last month. The young man's death was shocking, in part because police officer fired nine bullets at the teenager before using a Taser gun on him. Hopefully, Community Safety and Correctional Services Minister Madeleine Meilleur's recent announcement that all police officers in Toronto can now carry Tasers will prevent these kinds...
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