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Archive for the ‘Criminal Law’ Category

Certain Privacy for Text Messages – Law Catching up with Technology

Text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be protected against unreasonable search or seizure under s. 8  of the Charter . Whether a claimant had a reasonable expectation of privacy must be assessed in the totality of the circumstances. To claim s. 8 protection, claimants must establish that they had… Read More »

Making a Threat? Don’t say it seriously!

While the accused was incarcerated, he had a telephone conversation with his ex‑girlfriend during which he repeatedly told her that he would kill her upon his release if she proceeded with her planned abortion of their child. The accused was charged with uttering threats. At trial, the ex‑girlfriend testified that the words uttered by the… Read More »

The Govt is watching you if you are a Juror

Jury vetting by the Crown and police gives rise to a number of concerns. First is the prospect of the Crown and police joining forces to obtain a jury favourable to their cause. Second is the fundamental precept of our justice system that “justice should not only be done, but should manifestly and undoubtedly be… Read More »

Facing the Accuser – allowing for religious nonesense

The issue is when, if ever, a witness who wears a niqab for religious reasons can be required to remove it while testifying. Two sets of Charter rights are potentially engaged — the witness’s freedom of religion and the accused’s fair trial rights, including the right to make full answer and defence. An extreme approach… Read More »

Probation Orders

The probation orders imposed on the appellants were valid when made and no prior or subsequent sentences invalidated them, either prospectively or retrospectively. The phrase “imprisonment for a term not exceeding two years” relates only to the actual term of imprisonment imposed by a sentencing court at a single sitting. It does not refer to… Read More »

Stay of Proceedings

Section 24(1) of the Charter vests in trial judges broad discretion in granting “such remedy as the court considers appropriate and just in the circumstances”. It is well established that remedies granted by trial judges under s. 24(1) should be disturbed on appeal only where trial judges misdirect themselves or their decision is so clearly… Read More »

The Defence of Provocation

The defence of provocation requires that there be a wrongful act or insult of such a nature that it is sufficient to deprive an ordinary person of the power of self‑control and that the accused act on that insult before there was time for her passion to cool. In order to satisfy the objective element… Read More »

Similar Fact Evidence – Using Your Past Against You

The prior conviction was admissible as “some evidence” linking the appellant to the assault on J.S.  In the context of a similar fact application, a prior conviction may be tendered to establish an essential element of the prior offence where that element has been placed in issue.  The admissibility of a prior conviction does not depend… Read More »

Reasonable Forseability – What is an intervening Act?

Courts have used a number of analytical approaches to determine when an intervening act absolves the accused of legal responsibility for manslaughter.  For example, both the “reasonable foreseeability” and the “intentional, independent act” approach may be useful in assessing legal causation depending on the specific factual matrix.  These approaches grapple with the issue of the… Read More »

Dangerous Driving Causing Death

Dangerous driving causing death, a serious criminal offence punishable by up to 14 years in prison, consists of two components:  prohibited conduct — operating a motor vehicle in a dangerous manner resulting in death — and a required degree of fault — a marked departure from the standard of care that a reasonable person would… Read More »

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Dan C
Dan C
16:40 15 Aug 19
Very professional and knowledgeable, with an open and friendly attitude. He answered all my many questions patiently and provided valuable advice on a complex matter. Thank you again!read more
Yash Menaria
Yash Menaria
04:42 08 Aug 19
Aswani is professional, thorough, and knowledgeable. I would recommend him highly to anyone seeking legal counsel.read more
Nathan Forbes
Nathan Forbes
15:23 05 Jul 19
Aswani was introduced through a family friend and I was very pleased with his service. He was able to provide a better outcome then I had initially envisioned. Communication was great throughout the process. He is knowledgeable, professional and delivers. I would highly recommend him as legal counsel.read more
D Parmar
D Parmar
22:24 23 Jun 19
Aswani is a very professional and knowledgeable lawyer and has handled our case with utmost care and taking care of all minute details. Made us feel comfortable and kept us well informed. Highly recommend his service as a lawyer.read more
IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look further.read more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K Dutt.read more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his client.read more
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