Neuberger & Partners LLP
Bring Us Your Case We’ll Provide Results 888-759-2810

Toronto Crimes & Misdemeanours Law Blog

Man charged with sexual assault failed to disclose HIV status

The laws of this country were written to be as clear as possible and leave little doubt as to their application. However, there are some laws that leave themselves open to interpretation. Determining guilt or innocence can be difficult in such situations. For an Ontario man facing sexual assault charges, a vague set of parameters may be the difference between conviction and freedom.

A 20-year old Burlington man was arrested and charged for sex crimes on August 15, 2016. The arrest was carried out by the Canadian Forces National Investigation Service. The accused is a civilian army cadet instructor at Canadian Forces Base Borden near Barrie, Ontario. In total, he is facing four charges of aggravated assault for failing to disclose his positive HIV status.

Uber driver denies violent crime claim by passengers

It is almost a given these days that when a person feels he or she is being wronged, he or she is going to pull out a cellphone and document the incident. While these videos can be helpful when it comes to verifying the facts of a situation, they only show what that person wants seen. When the incident is an apparent violent crime, the evidence can be very damaging to the accused. A Toronto driver-for-hire recently found this out the hard way.

Four female passengers entered an Uber vehicle on August 13, 2016, at around 6:30 p.m. They were travelling from a location near King Street West and Spadina Avenue to the Jack Layton Ferry Terminal. The driver, a 42-year old man, claims the passengers were frustrated because he was unable to pick them up directly in front of their location due to heavy traffic. Traffic slowed down the journey, and the driver reportedly opted for a route that differed from the one the passengers had requested. The trip, which can take about 10 minutes, took an hour, and the driver alleges the passengers were upset about the $17 fare.

Two-sided domestic assault results in charges in Northern Ontario

When a domestic incident is reported, more often than not the complainant is a female and the accused is her husband or male partner. This is not always the case, however. There are numerous cases of female-on-male domestic assault every year, though many go unreported. One case that was reported to authorities took place recently in northern Ontario.

Ontario Provincial Police officers responded to a domestic dispute call on July 25, 2016, at a home on St. Joseph Island, just south of Sault Ste. Marie. An argument was in progress between the two residents, a 53-year old male and a 31-year old female. The officers spoke with the couple and left the scene.

Drug trafficking charges laid after Toronto pot store busts

The issue of legalized marijuana is a contentious and confusing one. While there are circumstances in which the possession and use of the drug is legal, it remains a controlled substance in Ontario. Nevertheless, there are numerous retail establishments in Toronto where marijuana can be purchased openly. Recently, some of these businesses have been the scenes of law enforcement actions focused on drug trafficking.

Toronto Police conducted raids on two separate marijuana dispensaries on August 10, 2016. The first took place at a store known as The Green Room, located at 562 Mount Pleasant Road in the Davisville neighbourhood. Officers entered the establishment at 2:30 in the afternoon and arrested two men aged 39 and 23. Both are now facing charges for trafficking and possessing proceeds obtained by crime.

Toronto man alleges sexual assault following web hook-up

Social networking makes it easier than ever for those looking to meet someone to find a like-minded companion. But when two strangers get together, sometimes intentions are misunderstood, and things can go awry. Allegations of sexual assault are stemming from such an encounter this past spring.

A Toronto man is facing accusations from a man he met on a social networking site in April 2016. The 32-year old accused is alleged to have drugged and assaulted the 24-year old complainant on two separate occasions. The men met in person after connecting on Grindr, an app used by gay and bisexual men to connect with other men in their area.

Search for drugs ruled unlawful: trafficking charges dropped

Police officers must often rely on their instincts to tell them when something does not look right. Sometimes though, gut feelings need to be held in check by the letter of the law. Simple suspicion is not reason enough to detain a person without just cause. In the case of a search for drugs east of Toronto, a judge recently ruled in favour of a defendant when the search was deemed to be the result of profiling.

A Durham Regional Police officer pulled over what he claimed was a suspicious-looking vehicle in Whitby, Ontario, in Sept. 2014. A black man was driving the car, and a younger-looking white woman was his passenger. The officer found indications of drug use in the car and called for backup before conducting a search of the vehicle. After the search revealed marijuana, crack and powder cocaine, along with tabs of Oxycocet, the officers on the scene arrested the pair, and they were charged with four counts of possessing controlled substances for the purposes of trafficking.

Impaired driving charge lost in translation

The administration of justice is seldom simple. Even when a case against a suspect seems irrefutable, processes need to be followed by authorities to ensure fair treatment. A recent and clear-cut incident of impaired driving provides an example of what can happen when an arrest goes awry.

Peel Regional Police officers conducting a RIDE spot-check in October 2015 stopped a man in Mississauga, Ontario. The man was arrested for impaired driving and a breathalyzer test revealed his blood alcohol level was twice the legal limit. Following his arrest, he was brought in to the local division.

Sarnia woman in possession of controlled substance set free

The law applies equally to all citizens, and no one has the right to deny the rights of another, including those of someone suspected or accused of a crime. When these rights are denied, there can be serious repercussions for all involved. Illustrating this point is a recent ruling on an incident involving a woman arrested for possession of a controlled substance in Sarnia, Ontario.

The woman in question entered a pawnshop on April 11, 2014, with the intention of selling some jewellery. An employee of the shop recognized some of the pieces from a list of stolen goods provided by the Ontario Provincial Police and notified the authorities. Police arrived on the scene and detained the woman for 40 minutes as they compared the jewellery with the list.

Toronto justice slams police for unconstitutional strip searches

In our last post, we talked about a new initiative in Ontario to review police use of strip searches as well as the leading Supreme Court of Canada case on the subject. Today, we have news about a recent Ontario case that dealt with this sensitive and difficult subject in the Ontario Court of Justice. 

In our post about the new systemic review being conducted by the Office of the Independent Police Review Director or OIPRD, we noted that the director had expressed frustration at the lack of improvement in the way strip searches are being used in arrests by law enforcement in the province. Similarly, Justice Heather McArthur in finding that the strip search in the criminal case before her was unconstitutional said that the defendant’s experience “was not an isolated incident,” but a systemic issue in the local police division at issue.

Ontario police-review agency to study strip searches in province

The Office of the Independent Police Review Director or OIPRD is launching a thorough review of the use of strip searches by police in Ontario. The OIPRD is an “independent civilian oversight agency” that investigates public complaints against police in the province. The agency is affiliated with the Ontario Ministry of the Attorney General. 

CBC news spoke with Director Gerry McNeilly of OIPRD about the new strip-search review effort, which he decided was appropriate because he receives hundreds of reports from members of the public alleging that they were “improperly and illegally searched.”