Draft:Joseph Neuberger

Neuberger attended York University for two years before enrolling at Osgoode Hall Law School, where he was accepted on a scholarship. While in law school, he worked in retail, selling men's suits, and later trained with the Canadian Coast Guard, obtaining a license to operate a vessel. He also worked as a boat captain and tour guide for Toronto Tours.

At Osgoode Hall, he participated in the Criminal Intensive Program and worked as a summer student at Goodman & Carr, a Toronto law firm.

After graduating, Neuberger completed his articles at Goodman & Carr and was called to the Ontario Bar in 1993. He initially practiced securities law before transitioning to criminal defence. In 2001, he earned a Master of Laws (LL.M.) from Osgoode Hall Law School.

In 1995, Neuberger founded his own law firm, initially named Neuberger Rose LLP. Following the appointment of two partners to the Ontario Court of Justice as Judges, the firm was renamed Neuberger & Partners LLP.

The firm specializes in criminal defence, representing clients facing charges under the Criminal Code of Canada{{Cite web |last=Branch |first=Legislative Services |date=2025-01-01 |title=Consolidated federal laws of Canada, Criminal Code |url=https://laws-lois.justice.gc.ca/eng/acts/c-46/ |access-date=2025-03-26 |website=laws-lois.justice.gc.ca}} and Provincial Offences.{{Cite web |title=Provincial Offences |url=https://www.ontariocourts.ca/ocj/provincial-offences/ |access-date=2025-03-26 |website=Ontario Court of Justice |language=en-US}} Neuberger has handled a significant number of sexual assault and domestic assault cases, often focusing on defence strategies related to false allegations of sexual assault and high-conflict domestic assault cases.{{Cite web |title=Lawyers alarmed at criminal charges in family cases |url=https://www.lawtimesnews.com/news/general/lawyers-alarmed-at-criminal-charges-in-family-cases/259709 |access-date=2025-03-26 |website=www.lawtimesnews.com |language=en}}

Joseph Neuberger served as the President of the Toronto Lawyers' Association in 2014.{{Cite web |title=Toronto Lawyers' Association (TLA) - tlaonline.ca |url=https://www.tlaonline.ca/ |access-date=2025-03-26 |website=www.tlaonline.ca}}

In 2001, he was appointed to the Ontario Review Board,{{Cite web |last=Government of Ontario |first=Ministry of Health and Long-Term Care |title=About Us - Ontario Review Board |url=https://www.orb.on.ca/scripts/en/about.asp |access-date=2025-03-26 |website=www.orb.on.ca |language=en}} which oversees the cases of individuals found not criminally responsible or unfit to stand trial due to mental disorder. From 2002 to 2019, he served as an alternate Chair and legal member of the Board.https://www.orb.on.ca/scripts/en/resources/Annual%20Report%202002-2003.pdf

In a Law Society of Ontario tribunal case, Law Society of Ontario v. Corcoran, Neuberger was called by the Law Society as an expert in sexual assault trials. The Tribunal qualified Neuberger as an expertLaw Society of Ontario v. Corcoran, 2024 ONLSTH 108 (CanLII),

Joseph Neuberger represented Adam Trotter, a youth charged with the manslaughter of his cellmate, James Lorne, while both were in segregation at the Wellington Detention Centre in Guelph, Ontario. Both youths had mental health issues, and the case raised concerns about the treatment of young offenders in custody.

In 1999, Neuberger participated in a Coroner's Inquest into Lorne's death. The jury found that Ontario's prison system was partly to blame, citing the use of segregation for youth in crisis. The inquest resulted in over 100 recommendations, including improved mental health resources for young offenders and restrictions on the use of segregation for youth.{{Cite news |last=Carmesina |first=Prete |year=1999 |title="Jail guards ignored teen's plea" |work=The Hamilton Spectator}}

In 2004, Joseph Neuberger represented Alfonso Caruana in extradition proceedings in Canada.{{Cite news |date=2004-10-13 |title=Drug lord fights extradition to Italy |url=https://www.theglobeandmail.com/news/national/drug-lord-fights-extradition-to-italy/article4123104/ |access-date=2025-03-26 |work=The Globe and Mail |language=en-CA}}{{Cite news |date=July 27, 2001 |title=Mafia boss loses: Caruana denied bail while awaiting extradition to Italy. |work=National Post}}{{Cite news |date=(2001, July 27). |title=Wary judge denies bail to Mafia kingpin. |work=National Post |pages=A7}} Caruana had been sentenced in absentia by the Court of Palermo in Italy for charges including aggravated conspiracy of mafia type, mafia association, and drug trafficking.{{Cite news |date=2004-11-27 |title=Drug smuggler ordered extradited |url=https://www.theglobeandmail.com/news/national/drug-smuggler-ordered-extradited/article1007691/ |access-date=2025-03-26 |work=The Globe and Mail |language=en-CA}}{{Cite web |last=Reporter |first=Peter Edwards Staff |date=2020-11-09 |title=Former GTA Mafia boss loses appeal over 18-year Italian prison sentence |url=https://www.thestar.com/news/gta/former-gta-mafia-boss-loses-appeal-over-18-year-italian-prison-sentence/article_b3f314ee-6e37-5426-950f-2d80c861ea69.html |access-date=2025-03-26 |website=Toronto Star |language=en}} The alleged crimes took place between 1977 and 1986.

Joseph Neuberger represented Ingrid Matheson, who was charged with the murder of her two children.{{Cite news |last=Ruryk |first=Z. |date=July 13, 1994 |title='Voices' plagued killer mom: Pal: Court hears about paranoid delusions. |newspaper=Toronto Sun}} Matheson was initially convicted of first-degree murder; however, the Ontario Court of Appeal later overturned the conviction.{{Cite news |last=Douglas |first=P. |date= |title=Accused feared jailed husband. |work=The Guardian}}

Joseph Neuberger represented Said Mohamed, one of five inmates charged in connection with the death of fellow inmate Kevon Phillips at Toronto's Don Jail.{{Cite news |last=Pazzano |first=Sam |date=May 15, 2013 |title=Don't believe key witness in Don Jail killing, defence lawyer says |url=https://torontosun.com/2013/05/15/dont-believe-key-witness-in-don-jail-killing-defence-lawyer-says |newspaper=Toronto Sun}} Mohamed faced a manslaughter charge, distinguishing him from the others who were charged with murder.{{Cite web |last=Reporter |first=Peter Small Court |date=2013-04-17 |title=Don Jail homicide: inmate describes horrible beating |url=https://www.thestar.com/news/crime/don-jail-homicide-inmate-describes-horrible-beating/article_a986f7ee-41df-5263-aec4-bba677434df3.html |access-date=2025-03-26 |website=Toronto Star |language=en}}

Joseph Neuberger represented Antonio Borelli, one of four men charged with conspiracy to commit murder in connection with a 2004 shooting at California Sandwiches in Toronto.{{Cite news |date=April 22, 2004 |title=Woman hurt in sandwich-shop shooting |url=https://www.cbc.ca/news/canada/toronto/woman-hurt-in-sandwich-shop-shooting-1.510024 |work=CBC}} The incident occurred when gunmen opened fire on the restaurant from a minivan, striking Louise Russo, an innocent bystander, and leaving her paralyzed.{{Cite web |last=REPORTERS |first=PETER EDWARDS AND JIM RANKIN STAFF |date=2011-01-29 |title=Behind the scenes in Louise Russo sandwich shop shooting deal |url=https://www.thestar.com/news/insight/behind-the-scenes-in-louise-russo-sandwich-shop-shooting-deal/article_1b2586c6-7198-5aaa-b187-0279ae481fc0.html |access-date=2025-03-26 |website=Toronto Star |language=en}} The shooting was reportedly linked to a dispute between organized crime members.{{Cite news |date=April 14, 2005 |title=4 charged in Toronto sandwich shop shooting |url=https://www.cbc.ca/news/canada/4-charged-in-toronto-sandwich-shop-shooting-1.535344 |work=CBC}}

Neuberger also represented Sandra Rinella, who was charged alongside Alex Petritis in a conspiracy to commit murder. Petritis, a multimillionaire, was accused of hiring a former hitman to kill his wife. Rinella was alleged to have facilitated a meeting between Petritis and the hitman, who was also her former boyfriend..{{Cite news |last=Humphreys |first=Adrian |date=Dec 6, 2011 |title=A millionaire, dominatrix and a 'huge scandal': Murder conspiracy case comes to 'puzzling end' |url=https://nationalpost.com/news/canada/murder-conspiracy-case-comes-to-puzzling-end-as-prosecutors-stay-charges |work=National Post}} However, the hitman later claimed he never intended to carry out the murder and was instead attempting to extort money from Petritis.{{Cite web |title=Dominatrix at the centre of hit man case {{!}} Globalnews.ca |url=https://globalnews.ca/news/97641/dominatrix-at-the-centre-of-hit-man-case/ |access-date=2025-03-26 |website=Global News |language=en-US}} After two mistrials, the Crown stayed the charges in 2009{{Cite news |date=2010-11-04 |title=Second mistrial declared in murder-conspiracy case |url=https://www.theglobeandmail.com/news/toronto/second-mistrial-declared-in-murder-conspiracy-case/article1241290/ |access-date=2025-03-26 |work=The Globe and Mail |language=en-CA}}

Joseph Neuberger represented Aziz Sepan, who was charged and was intentionally wrongfully identified in a murder case..{{Cite web |last=Bureau |first=Alyshah Hasham City Hall |date=2014-04-03 |title=Murder charge tossed out against man in 2012 Vaughan stabbing |url=https://www.thestar.com/news/crime/murder-charge-tossed-out-against-man-in-2012-vaughan-stabbing/article_15f32209-106a-5f73-a9b6-901dc520e4a8.html |access-date=2025-03-26 |website=Toronto Star |language=en}} After a Preliminary hearing, it was established that he was falsely accused as the stabber

Joseph Neuberger represented Clifton Vassel – charged with murder in the Garden Restaurant shooting.  Vassel was discharged after the Preliminary hearing.{{Cite news |date=2017-03-03 |title=Ontario lawyers say clients forced to choose between rights in murder case |url=https://www.theglobeandmail.com/news/national/lawyers-decry-ontarios-court-tactics-in-toronto-murder-case/article34197602/ |access-date=2025-03-26 |work=The Globe and Mail |language=en-CA}}

Neuberger represented FZ, who was charged with two counts of sexual assault against his wife.R. v FZ, 2023 ONSC 3159 (CanLII), , retrieved on 2025-03-26. The Ontario Superior Court of Justice dismissed the charges, with Justice O'Marra finding that the evidence did not support the prosecution's claim. The court accepted testimony from a forensic psychiatrist who described FZ as having characteristics of "complex trauma," including hypervigilance and a passive, apologetic personality.{{Cite web |title=Judge rejects wife's claim husband was controlling, says opposite was true, dismisses abuse charges |url=https://www.lawtimesnews.com/practice-areas/real-estate/judge-rejects-wifes-claim-husband-was-controlling-says-opposite-was-true-dismisses-abuse-charges/376389?tu=&_hsmi=2&_hsenc=p2ANqtz-_xM94BkDIGSSWlNpCPLjf5-bCBODwHQ8A-HqskEb_ZV4DWITXS3zGuCe4VkH-J-JjtpwlQfhO-94oRfUY9_3Dtl606ig&utm_content=&utm_campaign=Editorial-LT-NS&utm_medium=social&utm_source=linkedin&hss_channel=lcp-25032770 |access-date=2025-03-26 |website=www.lawtimesnews.com |language=en}} According to the ruling, text message evidence suggested that FZ frequently sought to avoid conflict with his wife. Justice O'Marra concluded that the wife's description of FZ as "controlling and entitled" was inconsistent with the evidence presented

Neuberger was one of the lawyers involved in Hitzig v. Canada, a case challenging the constitutionality of the Marihuana Medical Access Regulations (MMAR). The legal team, which included Professor Alan Young{{Cite web |title=Young, Alan N. {{!}} Osgoode Hall Law School - York University |url=https://www.osgoode.yorku.ca/faculty-and-staff/young-alan-n/ |access-date=2025-03-26 |website=Osgoode Hall Law School |language=en-US}} of Osgoode Hall Law School and lawyer Leora Shemesh, argued that the regulations failed to provide a legal source of medical marijuana for authorized users.

The case was initiated by Alison Myrden,{{Cite web |date=2023-07-08 |title=All About Me |url=https://alisonmyrden.ca/all-about-me/ |access-date=2025-03-26 |website=Together We Will Make a Difference! |language=en-CA}} a medical marijuana user with multiple sclerosis, who was among the first twenty people in Canada to receive a federal license to possess, grow, and use marijuana for medical purposes.

In 2003, the Ontario Superior Court of Justice ruled in Hitzig v CanadaHitzig v. Canada, 2003 CanLII 3451 (ON SC) Online: https://www.canlii.org/en/on/onsc/doc/2003/2003canlii3451/2003canlii3451.html   that the MMAR was constitutionally invalid, as it did not provide a sufficient legal supply for those permitted to use medical marijuana. The Ontario Court of Appeal later upheld this ruling, dismissing the Canadian government's appeal and reinforcing the decision that the regulations violated constitutional rightsHitzig v. Canada, 2003 CanLII 30796 (ON CA), , retrieved on 2025-03-26

File:Cornwall Public Inquiry.png

On April 14, 2005, the Cornwall Public Inquiry was created by an Order in Council.{{Cite web |last=Canada |first=Public Safety |date=2018-12-21 |title=Library Catalogue |url=https://www.publicsafety.gc.ca/cnt/rsrcs/lbrr/ctlg/dtls-en.aspx?d=PS&i=80144182 |access-date=2025-03-26 |website=www.publicsafety.gc.ca}}.  The mandate of the Commission was an inquiry into and report on the events surrounding allegations of abuse of young people in Cornwall, Ontario by examining the response of the justice system and other public institutions to allegations of historical abuse of young people in the Cornwall area, including the policies and practices then to respond to such allegations

Joseph Neuberger was the lead counsel representing the Ministry of Safety and Correctional.  The Inquiry found that there were systemic failures in the response of institutions to allegations of sexual abuse of children and young people in the community.  The public institutions included police, the local Catholic diocese and the Children's Aid Society{{Cite news |last=Chung |first=Emily |date=December 9, 2009 |title=Cornwall sex-abuse scandal spawns hearings |url=https://www.cbc.ca/news/canada/ottawa/cornwall-sex-abuse-scandal-spawns-hearings-healing-1.789067#:~:text=The%20Cornwall%20Public%20Inquiry%20spent,15 |work=CBC}}.  The final report was submitted on December 14, 2009.The Honourable G. Normand Glaude, Report of the Cornwall Pubic Inquiry, December 14, 2009, Online: https://www.theinquiry.ca/wordpress/wp-content/uploads/2010/04/Cornwall-Public-Inquiry-Report-Vol-1.pdf  

File:Assessment of Dangerousness by Joseph Neuberger.png

Neuberger is the author of the legal text book "Assessing Dangerousness: A Guide to the Dangerous Offender Application Process",.{{Cite book |last=Neuberger |first=Joseph |title=Assessing Dangerousness: Guide to the Dangerous Offender Application Process |publisher=Thomson Reuters |date=2019-09-24}} published by Thomson Reuters

The Supreme Court of Canada and various Provincial Courts of Appeal across Canada have cited his book in numerous cases including:

• R. v. Boutilier, 2017 SCC 64 (Supreme Court of Canada){{Cite web |title=R. v. Boutilier - SCC Cases |url=https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/16921/index.do |access-date=2025-04-03 |website=decisions.scc-csc.ca}}
• R v Sohal, 2023 BCCA 256 (British Columbia Court of Appeal)R. v. Sohal, 2023 BCCA 256 (CanLII), , retrieved on 2025-04-03
• R v Bunn, 2014 SKCA 112 (Saskatchewan Court of Appeal)R v Bunn, 2014 SKCA 112 (CanLII), , retrieved on 2025-04-03
• R v Potter, 2022 SKCA 14 (Court of Appeal for Saskatchewan)R v Potter, 2022 SKCA 14 (CanLII), , retrieved on 2025-04-03
• R. v. Williams, 2018 ONCA 437 (Ontario Court of Appeal)R. v. Williams, 2018 ONCA 437 (CanLII), , retrieved on 2025-04-03
• R. v. Blake, 2022 ONCA 336 (Ontario Court of Appeal)R. v. Blake, 2022 ONCA 336 (CanLII), , retrieved on 2025-04-03
• Guilbeault c. R., 2023 QCCA 1563 (Quebec Court of Appeal)Guilbeault c. R., 2023 QCCA 1563 (CanLII), , retrieved on 2025-04-03
• R v Natomagan, 2019 ABQB 943 (Alberta Court of Appeal)R v Natomagan, 2019 ABQB 943 (CanLII), , retrieved on 2025-04-03
• R. v. Steele, 2016 MBQB 147 (Manitoba Court of Appeal)R. v. Steele, 2016 MBQB 147 (CanLII), , retrieved on 2025-04-03
• R. v. Melvin, 2019 NSSC 334 (Nova Scotia Court of Appeal){{Cite journal |last=Baker |first=Gavin |date=2008-09-13 |title=CanLII, OA law database, the most-used resource for Canadian lawyers |url=https://doi.org/10.63485/edff2-2hb25 |access-date=2025-04-03 |website=doi.org|doi=10.63485/edff2-2hb25 }}

In addition to authoring the legal textbook, Neuberger writes the Sexual Assault Newsletter, published by Thomson Reuters.{{Cite web |title=What's In CriminalSource {{!}} Westlaw Canada |url=https://www.westlawcanada.com//whats-in-criminalsource |access-date=2025-04-03 |website=www.westlawcanada.com}}

Neuberger is a founding Director and the current President of the Canadian Jewish Law Association.{{Cite web |date=2024-10-02 |title=Who We Are - Meet Canadian Jewish Legal Professionals |url=https://canadianjewishlawassociation.org/who-we-are/ |access-date=2025-03-26 |website=canadianjewishlawassociation.org |language=en-US}} The Association is an organization uniting legal professionals in the pursuit of justice, equality and the eradication of hate.{{Cite web |date=2024-10-02 |title=Who We Are - Meet Canadian Jewish Legal Professionals |url=https://canadianjewishlawassociation.org/who-we-are/ |access-date=2025-03-26 |website=canadianjewishlawassociation.org |language=en-US}}

Joseph Neuberger is regularly contacted by media to provide legal opinion and commentary on high-profile criminal cases.

• "Scrutiny heightens NCR Findings", Law Times{{Cite web |title=Scrutiny heightens on NCR findings |url=https://www.lawtimesnews.com/practice-areas/criminal/scrutiny-heightens-on-ncr-findings/263333 |access-date=2025-04-03 |website=www.lawtimesnews.com |language=en}}
• "Why prosecutors pursued Sudbury bribery charges, despite weak case", CBC News{{Cite news |last=Crawley |first=Mike |date=Oct 28, 2017 |title=Why prosecutors pursued Sudbury bribery charges, despite weak case |url=https://www.cbc.ca/news/canada/toronto/sudbury-bribery-byelection-charges-not-guilty-verdict-1.4373061 |access-date=April 11, 2025 |work=CBC News}}
• "Ontario Court of Appeal emphasizes need for fair treatment of accused in sexual-assault cases" Globe and Mail{{Cite news |date=2018-01-22 |title=Ontario Court of Appeal emphasizes need for fair treatment of accused in sexual-assault cases |url=https://www.theglobeandmail.com/news/national/ontario-court-of-appeal-emphasizes-need-for-fair-treatment-of-accused-in-sexual-assault-cases/article37698739/ |access-date=2025-04-03 |work=The Globe and Mail |language=en-CA}}
• "Appeal trial begins for Toronto police officer convicted in shooting of Sammy Yatim," Global News{{Cite web |title=James Forcillo granted bail extension {{!}} Watch News Videos Online |url=https://globalnews.ca/video/3777468/james-forcillo-granted-bail-extension/ |access-date=2025-04-11 |website=Global News |language=en-US}}
• "Mike Duffy testimony reveals more details, but Crown avoids $90K cheque," CBC News{{Cite news |last=Gollom |first=Mark |date=Dec 18, 2015 |title=Mike Duffy testimony reveals more details, but Crown avoids $90K cheque |url=https://www.cbc.ca/news/politics/mike-duffy-testimony-trial-1.3371318 |access-date=April 11, 2025 |work=CBC News}}
• "Lawyer's take on the Mike Duffy trial," The National{{Cite AV media |url=https://www.youtube.com/watch?si=fs53aM5oaBK6E9QL&v=al2AsBp1C8g&feature=youtu.be |title=Lawyer's take on the Mike Duffy trial |date=2016-04-26 |last=CBC News: The National |access-date=2025-04-11 |via=YouTube}}
• "The Trial of Jian Ghomeshi - The Fifth Estate", CBC News{{Cite AV media |url=https://www.youtube.com/watch?si=K9hoRF2gNPCFYrqu&v=I1g48fojyxs&feature=youtu.be |title=The Trial of Jian Ghomeshi - the fifth estate |date=2016-03-25 |last=CBC News |access-date=2025-04-11 |via=YouTube}}
• "A millionaire, dominatrix and a 'huge scandal': Murder conspiracy case comes to 'puzzling end," National Post{{Cite news |last=Humphreys |first=Adrian |date=Dec 6, 2011 |title=A millionaire, dominatrix and a 'huge scandal': Murder conspiracy case comes to 'puzzling end' |url=https://nationalpost.com/news/canada/murder-conspiracy-case-comes-to-puzzling-end-as-prosecutors-stay-charges |access-date=April 11, 2025 |work=National Post}}
• "Steven Truscott's $6 5 Million Award for Wrongful Conviction" with Lorne Honickman on Court TV's Legal Briefs{{Cite AV media |url=https://www.youtube.com/watch?si=KdxJgfaFXS3FTkG5&v=ToKAhVBtzRE&feature=youtu.be |title=Steven Truscott's $6.5 Million Award for Wrongful Conviction |date=2009-02-02 |last=NeubergerRose |access-date=2025-04-11 |via=YouTube}}
• "Caruana Extradition,"  CTV News{{Cite AV media |url=https://www.youtube.com/watch?v=rboxlw5OFI4&feature=youtu.be |title=Caruana Extradition |date=2018-10-18 |last=Neuberger & Partners LLP |access-date=2025-04-11 |via=YouTube}}
• "Day One – Cross Examination Mike Duffy Bribery Trial,"  The National, CBC News{{Cite AV media |url=https://www.youtube.com/watch?si=yqqC1MIXOEJYNJWn&v=CjQoz1CZ34U&feature=youtu.be |title=Day One – Cross Examination Mike Duffy Bribery Trial |date=2018-10-18 |last=Neuberger & Partners LLP |access-date=2025-04-11 |via=YouTube}}
• "Mike Duffy's testifying in his own defence not without risk," CBC News{{Cite news |last=Gollom |first=Mark |date=Dec 7, 2015 |title=Mike Duffy's testifying in his own defence not without risk |url=https://www.cbc.ca/news/politics/mike-duffy-trial-witness-box-1.3350738 |work=CBC News}}
• "Robert Baltovitch Re-trial Commentary," Global News{{Cite AV media |url=https://www.youtube.com/watch?si=6xxzgDp_vtbNPESu&v=b5-j2e_SpWc&feature=youtu.be |title=Robert Baltovitch Re-trial Commentary |date=2009-02-02 |last=NeubergerRose |access-date=2025-04-11 |via=YouTube}}
• "Ontario killer Paul Bernardo denied parole", CBC News: The National{{Cite news |date=2019 |title=Ontario killer Paul Bernardo denied parole |url=https://www.cbc.ca/player/play/video/1.4867819  |access-date=April 11, 2025 |work=CBC News}}

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