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Toronto Crimes & Misdemeanours Law Blog

90 investigation culminates in arrest of 80 people

In our last post we wrote about a traffic stop that led to criminal charges. While this is one possible catalyst for criminal charges, there are other things that could lead to an arrest and charges. Sometimes they are preceded by an investigation.

Recently, a three month long investigation was conducted which collected information on people suspected of either visiting child porn sites or downloading child pornography. In the course of the investigation, a total of 2,038 unique IP addresses were collected.

Violation of rights could lead to dismissal of criminal charges

Residents of the province of Ontario have certain rights. Some of these rights pertain to how police officers can interact with them. For example, in Toronto, police are not supposed to be able to stop someone without having a legitimate reason. If the reason for stopping someone is not legitimate, it is possible that any charges that follow an arrest could be dismissed. This is illustrated in the recent dismissal of multiple charges brought against a man in the city.

Supreme Court rules on some mandatory minimum sentences

As is the case with any law in Canada, it is possible that criminal laws could later be amended or repealed. This is illustrated by two recent Supreme Court of Canada decisions. Both concern the use of mandatory minimum jail sentences that were previously put in place.

The first decision concerns the Truth in Sentencing Act. Under this act, the time individuals convicted of crimes spent in custody while awaiting trial were not given any extra credit for that time. Instead, they were only given one credit for each day served. This resulted in longer periods of time spent in jail.

Could accusers in sex assault case face criminal charges?

In our last post we mentioned that lawyer Joseph Neuberger had been called upon to provide insight on the recent sexual assault case involving former CDC radio host, Jian Ghomeshi. Among other outlets, he spoke with the National Post regarding the matter.  In a piece titled “What lies ahead of Ghomeshi” he addressed several issues that could be on the minds of readers, regarding Ghomeshi’s accusers.

Joseph Neuberger provides insight on recent sex assault case

In our last post we wrote about the decision recently reached in the trial of former CDC radio host, Jian Ghomesh. In that post we provided information regarding why the justice reached the decision he did. Since the decision, the verdict has been the focus of many conversations both in the community as well as in the media. Our own Joseph Neuberger has been providing commentary on the trial to multiple media outlets including "Fifth Estate," CBC Radio’s program “As It Happens,” and the CTV News Channel. 

Former radio host acquitted of sexual assault charges

In an earlier post we wrote about the sexual assault trial of a former radio host. The man was facing multiple charges in connection with three different women. Specifically he was charged with four counts of sexual assault and one count of choking. At trial the man admitted to engaging in sex he characterized as “rough” but claimed the women who accused him of the criminal acts, consented to the activity. During trial, among other things, his defence lawyer pointed out inconsistencies in the testimony of his accusers. Recently a verdict was reached.

Failure of police to follow rules could lead to acquittal

In many cases impaired driving charges follow the administration of a blood alcohol test. Even when such a test appears to show that someone is intoxicated it is possible that the accused could be acquitted of the charges. This is illustrated by the outcome of a recent case involving a dump truck crash that occurred in 2014.

The Burlington Skyway crash occurred when the dump truck’s raised rear box ran into the bridge causing it to be closed for four days. Following the incident the driver of the dump truck was charged with:

  • Impaired driving
  • Driving with a blood alcohol level over 80 mg
  • Dangerous driving
  • Four counts of mischief endangering life

When might an impaired driving charge be dropped?

It is fair to say that most people are aware that driving while impaired is against the law. Because of this, many people who face the charge did not engage in the behavior knowingly. It is possible they thought they were fine to get behind the wheel and operate a vehicle. When such a charge is laid by the Crown, the specifics of the case will be relevant to the outcome. Recently the circumstances surrounding one man’s arrest for drunk driving in Ontario resulted in the impaired driving charges against him, being dropped.

People from all backgrounds could face criminal charges

It is fair to say that no one wants to be involved in a criminal case. The criminal justice system is complex and confusing. If not navigated correctly, serious consequences could be the outcome. Because of this it is in the best interest of anyone who finds they are in this situation to work with a lawyer who understands those complexities and how to navigate them. This is true regardless of who is facing the criminal charge.

When it comes to criminal charges, no one is immune—even members of law enforcement. This is illustrated in the charges recently leveled against a Toronto police officer. Ontario’s Special Investigations Unit recently charged him with sexual assault. The charges followed an investigation that was conducted by SIU.

Seizing information found in smartphones

Throughout the Greater Toronto Area, residents rely upon their cellphones for communication. Whether that communication takes the form of talking, texting or email, few who have smartphones can likely imagine going back to a time when they were not available to use. Their popularity has ramifications in many different parts of life including criminal investigations. Specifically, questions have arisen regarding what information contained within the phone is discoverable to law enforcement. Recently the issue has been in the spotlight with our neighbor to the south as federal investigators in the United States seek to access the content of an iPhone that belonged to the perpetrator in a mass shooting. As of yet, the agency seeking that access has not been successful.