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Toronto Crimes & Misdemeanours Law Blog

Drug charges: The stakes are too high not to have a strong defence

Whether you are facing the relatively minor charge of marijuana possession or the very serious charge of drug trafficking, you will need an effective criminal defence strategy to protect your rights and freedom. With any type of drug charge, you can expect prosecutors to aggressively pursue a conviction and ask the court to impose a jail sentence.

Criminal defence lawyers at Neuberger & Partners LLP work to protect accused individuals' rights by investigating the facts of each case and developing sophisticated strategies to minimize any negative outcomes.

Judge hands down 20-month sentence for former teacher

Historical allegations of sexual assault are taken very seriously by Canadian courts. If the accused individual was in a position of authority at the time of an alleged offence, then the Crown may seek particularly harsh penalties in an effort to send a message to the community.

A former high school teacher in Quebec was recently sentenced to 20 months in jail after being found guilty of having a sexual relationship with a 15-year-old student. The relationship allegedly started in 2002 and lasted two years.

Extradition: A serious matter requiring experienced criminal defence

Developing a thorough defence against criminal charges is an in-depth, complex process that requires the help of an experienced criminal defence lawyer. Matters can become significantly more complicated, however, if there is the potential that multiple jurisdictions will be involved.

If you are facing the possibility of being extradited from Canada to face criminal charges in another country, then it is important that you take action to protect your rights as soon as possible.

Student faces 3 counts of sexual assault in Ottawa

Sexual assault allegations arise from a wide variety of circumstances. As we discussed in a recent post, a sexual assault charge does not have to be based on an allegation of extreme violence. A person can face very serious consequences after being accused of groping or otherwise inappropriately touching another person.

That is the accusation against a student who was recently arrested in Ottawa. Police were called to Carleton University after a woman told campus security that she had been inappropriately touched by a man in an elevator, and security guards detained a 26-year-old man until police arrived.

Court: Package recipient did not have reasonable expectation of privacy

Canadians are protected from unreasonable search and seizure because they are legally afforded a reasonable expectation of privacy. However, that expectation has come into question after a recent decision by the British Columbia Court of Appeal.

The case involves a man who received and opened a package that contained drugs. The police already knew the package contained drugs, however, because an employee of the courier company thought the sender looked suspicious. The employee opened the package, found the drugs and notified police, who then conducted a "controlled delivery" to the recipient.

Sprinter Donovan Bailey prohibited from driving after guilty plea

People who find themselves facing drinking and driving charges come from all walks of life. Under Canadian law, drivers are prohibited from having a blood-alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood, and depending on an individual's body weight and metabolism, not much alcohol is required to exceed that limit.

Consider the case of Olympic champion Donovan Bailey. The sprinter recently pleaded guilty to driving over 80 in connection with a traffic incident in March 2012. In court, it was explained to the Crown that Bailey had attended a wine tasting event, and according to an agreed statement of facts, an officer stopped behind Bailey's parked vehicle because it "partially encroached on a lane of traffic."

Man barred from Toronto subway after sexual assault conviction

Charges of sexual assault are not always based on allegations of extreme violence. Sometimes actions that one party thinks are permissible are actually not welcome by the other party, and allegations of inappropriate sexual contact ensue. A person can face a charge of sexual assault for touching another person in a way that is perceived to be inappropriate.

Recently in Toronto, a man pleaded guilty to sexual assault in connection with an incident involving a Toronto Transit Commission ambassador. According to the TTC, the employee was approached by the 44-year-old man, who asked for help before allegedly making inappropriate contact with the woman.

Sudbury program provides support to men accused of domestic abuse

"We can't arrest our way out of a problem." Those are words from the Sudbury police chief, speaking about the problem of domestic assault. A number of support groups have teamed with police in Sudbury on a pilot program that is meant not only to offer services to victims of domestic violence, but also to individuals who have been charged with assault. So far, no other city in Ontario has a program like this one.

Many people who find themselves charged with domestic assault have also been victims of abuse, and by providing support to those individuals, the program's organizers hope to break the cycle.

Domestic assault: The importance of pretrial investigation

In complex cases involving allegations of violent crime, a multidisciplinary approach to criminal defence is often necessary to protect the rights of the accused. For example, flaws in the prosecution's evidence may not be obvious without the help of specialists who work with the defence in the pre-trial phase. Depending on the individual case, such experts may include psychologists, forensic specialists and experts in technology.

In sexual assault and domestic assault cases, the work done before trial is often extremely important in achieving a favorable outcome for the defendant. These cases tend to evoke strong emotions, and at Neuberger & Partners LLP, we often enlist the help of private investigators and family law counsel to ensure that all relevant aspects of the case are carefully considered.

Father of 3 convicted, sentenced for drug trafficking in Ontario

Many people who find themselves facing drug charges have already experienced difficult circumstances in the time leading up to the arrest, but prosecutors nonetheless ask the court to impose heavy penalties upon conviction.

Consider the case of a young father who has been diagnosed with cancer. The 23-year-old, who reportedly has three young children, was arrested in Greater Sudbury on July 12. The arrest came after police were investigating the man with regard to a separate matter. After locating him, police claimed to have seen marijuana in the man's possession.