Constitutional Applications

Project Safe Haven (2010)

Lawyers at Neuberger & Partners were involved in this constitutional challenge to three provisions of the Criminal Code of Canada pertaining to Canada's prostitution laws. After a lengthy period of gathering evidence from around the world and presenting it to Her Honour Justice Himel of the Superior Court of Ontario, all three provisions involving Keeping a Common Bawdy House, Communicating for the Purpose of Prostitution and Living Off the Avails of Prostitution were struck down as unconstitutional, presenting a landmark decision that will reverberate for many years. Her Honour found, pursuant to evidence and argument presented by counsel, that these three sections "...force prostitutes to choose between their liberty interest and their right to security of the person", also holding that the laws as they stand now contribute to the danger faced by prostitutes on a daily basis.

Regina v. Lopresti (2002)

Charges of bookmaking, gaming and betting, proceeds of crime. All charges withdrawn subsequent to constitutional challenge.

Hitzig, Myrden et al. v. Her Majesty the Queen (2003)

Applicants successful in striking down the Medicinal Marijuana Access Regulations in Superior Court as being unconstitutional by not providing a safe, legal supply of marijuana.

D.K. v. United States of America

Application for transfer of sentence to Canada from the U.S. granted under Treaty regarding Transfer of Offenders.

Past results do not guarantee success in any particular case.

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