Neuberger & Partners Articles

The discipline process for a Pharmacist accused of misconduct is a multi-level and multi-faceted proceeding. The process requires that a member be well-represented right from the start, as initial requirements under the Rules require that a Member of the College submit a written response to the allegations. This response becomes a basis for the entire proceedings and it is essential that it be drafted in manner that will not negatively affect the proceedings which ultimately lead up to a hearing before the discipline committee.

Previous decisions of the College play a huge role in the ultimate determination of an appropriate Order against a Member, and it is essential that these be reviewed thoroughly before making submissions to the discipline committee as to the appropriate order. The use of mitigating factors affecting or leading up to the alleged misconduct, evidence of motive, and the potential use of experts to explain to misconduct are also essential tools in order to receive the best possible disposition.

By Stacey Nichols


 Social Media and Identification Evidence: A New Pathway to Wrongful Conviction

By Joseph A. Neuberger and Jean Buie


The Oldest Profession Finally Gets Some Legal Legitimacy

By Stacey Nichols and Joseph A. Neuberger

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No Ecstasy for Ecstasy Induced Psychosis

Has the Supreme Court Tightened the NCRMD Defense or further Muddied the Waters?

By Joseph Neuberger

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A Serious Blow to the Conservative Government's Mandatory Minimum Sentencing Policies

By Stacey Nichols and Joseph A. Neuberger

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Sam Mellace: $68,000 in medical marijuana shipments goes missing

By Joseph Neuberger

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When Paths Cross: A look at the interplay between Foreign Law and Domestic Law in Extradition Cases

By Joseph Neuberger

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Conscriptive Evidence, Real Evidence, Good Faith, Bad Faith - What does it all mean?

By Joseph Neuberger

A review of the recent Supreme Court of Canada's decision in Regina v. Grant

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The Rise and Fall of Evidence to the Contrary: A Brief History

By Joseph Neuberger and Stacey Nichols

Although charges of impaired/over 80 have decreased in the past two decades, these driving offences currently constitute 12% of all cases on the dockets of lower courts . With approximately 15,000 impaired/over 80 cases being heard every year in the low courts, these offences represent the largest category of offence currently being tried in this court.

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BAD BOYS, BAD BOYS, What you going to do - Police Disciplinary Reports and Disclosure

By John J. Navarrete

For years, criminal defence lawyers across Canada have been told by their Crown Attorney counterparts that a third party record application was required in order to obtain police disciplinary records in defence of their clients. For years, criminal defence lawyers have argued, mostly unsuccessfully, that an officer's prior improper conduct was relevant to the police investigation and essential to making full answer and defence. On January 16, 2009, the Supreme Court of Canada finally released their decision in R. v. McNeil (originally argued on March 19, 2008.) This is the first significant decision out of the Supreme Court to deal with disclosure issues since R. v. Stinchcombe.

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Who Polices the Police? Not the Court of Appeal!

By Joseph Neuberger

The Ontario Court of Appeal in the recent case of Regina v. Harrison, 2008 ONCA 85, has given a license for police to trample on individual rights so long as the fruits of their conduct yields evidence of a crime. Under what appears to be a new form of analysis of s. 24(2) of the Charter, as long as the Crown can establish that the admission of the impugned evidence is necessary to continue the prosecution, the harm to the reputation of the administration of justice from excluding the evidence would be greater than that from admitting it, and thus, the evidence goes in and the rights go out the window.

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BANG! BANG! BANG! - IS SECTION 24(2) DEAD?

By Leora R. Shemesh

Given the prevalence of gang and gun related homicides, exclusion of illegally obtained evidence has become difficult if not impossible to achieve on a section 24(2) Charter analysis. It is submitted, however, that we should not determine rights based on moral panic respecting the issue.

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Keep it in - Minor Breaches of the Charter are Okay with the Court

By Joseph A. Neuberger

There is no doubt that impaired driving is a serious social issue affecting Canadians across Canada. The consequences of a conviction for impaired driving can have long lasting implications for an individual.

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WHEN TO TALK AND NOT TO TALK: Voluntariness in the Context of Drinking and Driving

By Joseph A. Neuberger

Defending impaired driving and over 80 cases often involves a challenge to the actions of police officers holding up their conduct to the scrutiny of the Charter. One such area is the right to remain silent and to advise from counsel. Technology has yielded digitally recorded real time evidence showing the interaction between the police and the detainee while in the police station.

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R. v. Khelawon, 2006 SCC 57 - Clarifying Hearsay, Again

By Joseph A. Neuberger

This recent decision of the Supreme Court of Canada has once again attempted to clarify how lower courts are to deal with issues of necessity and reliability in the determination of whether an out-of-court video taped statement ought to be admitted into evidence at trial.

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Impaired Driving Investigations - Right in Your Own Driveway

By Joseph Neuberger

In a recent decision, the Ontario Court of Appeal visited the issue of police investigation powers at a private driveway. In R. v. Lotozky the respondent had been investigated and arrested by two police officers in his driveway.

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GUIDANCE TO THE TAX PROFESSIONAL

By Joseph Neuberger

For the last several years, tax professionals have been in a state of confusion about the implications of when a tax audit has been used by the CCRA for purposes of investigating tax evasion.

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