Joseph Neuberger

Joseph Neuberger
FIRM:
Neuberger & Partners LLP
POSITION:
Principal
AREAS OF PRACTICE:
Criminal Law
PHONE:

Joseph Neuberger, senior partner with Neuberger & Partners LLP in Toronto, is certified as a Specialist in Criminal Law by the Law Society of Ontario (LSO) with more than two decades of criminal trial experience.

He earned a Bachelor of Laws degree from York University’s Osgoode Hall in 1991 and was called to the bar in 1993 — the same year he launched Neuberger & Partners LLP. He went on to earn a Master of Laws degree, with a specialty in criminal law, from Osgoode Hall.

Mr. Neuberger has appeared in courts across Ontario, and in other provinces, for high-profile sexual assault, domestic assault, Internet luring and homicide cases. He often appears for clients facing charges arising from high-conflict separation and divorce proceedings, or other interpersonal relationships.

He has successfully defended more than 800 sexual and domestic-related cases.

Mr. Neuberger frequently appears for members of the teaching and medical professions facing serious allegations before discipline tribunals, acts for police and government agencies at public inquiries, coroners’ inquests and prosecutions under provincial legislation. He was lead counsel for the Province of Ontario at the Cornwall Public Inquiry into historical allegations of sexual abuse in the community.

He has extensive experience with criminal matters involving mental health issues. He was appointed in 2002 to the Ontario Review Board — which has jurisdiction over individuals found by a court to be either unfit to stand trial or not criminally responsible because of a mental disorder — as a legal member and Alternate Chairperson.

He is an instructor of the criminal section of the LSO’s Bar Admission Course. Mr. Neuberger has also been a guest lecturer, panel member and instructor, as well as designed programs about the various fundamentals of practising criminal law, including the intricacies of cross-examining witnesses and handling unique issues before a jury in sexual assault cases, the complex nature of domestic assault cases, conducting a successful bail hearing, and effective handling of forensic, psychiatric and scientific testimony.

Mr. Neuberger is a member of the Advocates' Society, Toronto Criminal Lawyers' Association, American Trial Lawyers’ Association and Toronto Lawyers Association, where he’s held several roles including president, trustee, and member of the executive board. He has been co-chair and program author for The Advocates' Society (Toronto), Criminal Litigation Skills Certificate Program since 2002.

He wrote the book, Assessing Dangerousness: Guide to the Dangerous Offender Application Process, and is a past editor-in-chief of the Toronto Law Journal, an online law journal published by the Toronto Lawyers Association.

Joseph Neuberger Posts

The presumption of guilt in bail hearings

By Joseph Neuberger Recent changes to the bail hearing provisions in the Criminal Code of Canada, for those accused of domestic violence, including assault and sexual assault, the government has created a reverse onus for anyone with a previous, related conviction. Read more

Attack on the rules of evidence in sexual assault cases

By Joseph Neuberger The justice system depends upon public faith to give it legitimacy and that faith must remain intact for both the complainants of crime and the accused. Read more

Great volunteers help cue up Billiards with the Bar fundraiser

Everyone is invited to enjoy a relaxing evening of pool, music, and great food as Neuberger & Partners LLP, Hull & Hull LLP, and the Toronto Lawyers Association host the annual Billiards With the Bar fundraiser on Nov. 14, says Toronto criminal lawyer Joseph Neuberger. Read more

The death of picking an impartial jury

By Joseph Neuberger As an adjunct to a previous short piece I penned on Bill C-75, I believe it is important to note another significant blow to our rights in Canada. Read more

The death of due process and limits to full answer and defence

By Joseph Neuberger Effective Sept. 19, 2019, the Liberal government struck a blow to due process in the name of political correctness. Recent amendments to the Criminal Code as amended by Bill C-75 have eliminated preliminary hearings for any offence with a maximum penalty under 14 years of imprisonment. Read more

Driving and the use of your phone

By Joseph Neuberger In December 2017, Ontario passed Bill 174 regulating the sale of recreational marijuana in the province. Under the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, there are changes to the distracted driving laws that came into effect on January 1, 2019. Read more

Chalk one up in the fight against hunger

Neuberger & Partners LLP, Hull & Hull LLP, and the Toronto Lawyers Association will host an annual fundraising event in support of the Lawyers Feed the Hungry program in November. Read more

How changes to the Criminal Code may affect your sex assault trial

By Joseph Neuberger If you have been charged with sexual assault, it is of the utmost importance that you and your lawyer lay out a coherent defence theory and obtain all necessary evidence to marshal your defence. Read more

Banning of CBD user at U.S. border ‘ridiculous’: Neuberger

Canadians must heed warnings that even though marijuana products are legal in many states, taking them across the U.S. border is not, says Toronto criminal lawyer Joseph Neuberger. Read more

Attack on right to make full answer and defence in sex assault trials

By Joseph Neuberger Growing public and media attention on the way sexual assault trials are conducted has increased the scrutiny upon defence lawyers and how these trials are conducted, with a focus on the way a complainant experiences the trial process. Read more

SCC dissenting voices speak volumes in sexual assault case

It’s significant that the Supreme Court of Canada (SCC) found a trial judge erred in not allowing a line of questioning surrounding the pregnancy of the complainant in a sexual assault case, says Toronto criminal lawyer Joseph Neuberger. Read more

New (and arguably absurd) drinking and driving offences

By Joseph Neuberger and Christopher K. Assié The new amendments to the Criminal Code have changed the drinking and driving landscape significantly. Read more

Joseph Neuberger's media roundup

Toronto criminal lawyer Joseph Neuberger is frequently called upon by the media to be a trusted source for their news stories, particularly for his focus on criminal law matters. Read more

Supreme Court of Canada clarifies use of prior sexual activity

By Joseph Neuberger In a recent precedent-setting case out of Alberta, the Supreme Court of Canada overturned a manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Read more

What you need to know about impaired driving charges in 2019

By Joseph Neuberger Recent changes to the impaired driving laws by the federal government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, Dec. 18, 2018. Read more