Joseph Neuberger RSS

The complexities and evolving legal standards in sexual assault trials in Canada pose significant challenges to achieving fair and effective justice, often risking wrongful convictions and highlighting the need for careful legal processes   Questions to inspire discussion Legal Complexities in Sexual Assault Trials 🧑⚖️ Q: How has the 2018 legislation affected sexual assault trials in Canada? A: The 2018 legislation has created a heavy burden on both the accused and trial judges, making trials procedurally and substantively intricate in determining the relevance and admissibility of evidence. 🕰️ Q: What impact has the new legislation had on trial duration? A:...

The complexities of consent in legal and personal contexts require clear communication, understanding, and education, particularly regarding issues of intoxication and power dynamics   Questions to inspire discussion Consent Basics 🤝 Q: How should consent be communicated during sexual activity? A: Consent must be communicated at the time of each sexual act, not just once, and re-checked when the activity changes substantially, such as moving from undressing to intimacy. 👁️ Q: Whose perspective matters in determining consent? A: The complainant's subjective state of mind regarding consent is the only one that matters, not the accused's belief in consent, with the...

Expert evidence, particularly in cases of trauma and abuse, can be misused to wrongly validate witness testimony, potentially leading to wrongful convictions if not properly scrutinized   Questions to inspire discussion Expert Evidence Admissibility 🧪 Q: What is the Mohan test for expert evidence admissibility? A: The Mohan test requires expert evidence to be logically relevant, necessary to assist the trier of fact, not exclusionary, and from a properly qualified expert with special knowledge beyond the trier of fact's expertise. 🔬 Q: How does the White Burgess Longville decision impact expert evidence admissibility? A: It requires a cost-benefit analysis balancing...

Authenticating evidence in court, including digital evidence such as text messages, videos, and documents, requires careful verification of its legitimacy, origin, and completeness to determine its validity and impact   Questions to inspire discussion Authentication Basics 🔍 Q: What is the evidentiary threshold for authenticating digital communications in court? A: The low evidentiary threshold of "some evidence" that the document is what it purports to be, established by direct or circumstantial evidence. 📱 Q: How can digital communications be authenticated in court? A: Through complainant's testimony, providing messages, videos, and pictures, establishing their authenticity and content. 🎥 Q: What is...

A power imbalance in relationships occurs when one person exploits their position of authority, influence, or control over another, often taking advantage of vulnerabilities or factors such as age, resources, or dependence Questions to inspire discussion Power Imbalance in Relationships 🔍 Q: How can age difference not be exploitative in a power imbalance situation? A: Age difference may not be exploitative if the complainant is mature, independent, strong-willed, and self-determining, such as a 16-year-old who is street-smart with resources and skills to handle their circumstances. 🔄 Q: What role does relationship evolution play in determining power imbalance? A: The evolution...