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Archive for the ‘Criminal Law’ Category

What constitutes Contempt of Court?

The exception in s. 127 of the Criminal Code will be triggered where Parliament or a legislature has provided a legal foundation for the court’s power to issue contempt orders, defined the circumstances in which a person will be found in contempt, and provided a specific punishment or mode of proceeding. On the basis of R. v. Clement,… Read More »

The Police May be Listening

Section 184.4 of the Criminal Code permits a peace officer to intercept certain private communications, without prior judicial authorization, if the officer believes on reasonable grounds that the interception is immediately necessary to prevent an unlawful act that would cause serious harm, provided judicial authorization could not be obtained with reasonable diligence.  In principle, Parliament may craft… Read More »

Self‑induced intoxication and the Defence to an offence against the bodily integrity of another person

A court must consider the specific principles that govern the insanity defence in order to determine whether s. 16 Cr. C. is applicable. If that defence does not apply, the court can then consider whether the defence of self‑induced intoxication under s. 33.1 Cr. C. is applicable if it is appropriate to do so on… Read More »

Political Decisions now reviewable by the Courts – What happened to Parliamentary Supremacy?

The discretion vested in the Minister of Health is not absolute:  as with all exercises of discretion, the Minister’s decisions must conform to theCharter.  If the Minister’s decision results in an application of the CDSA that limits the s. 7 rights of individuals in a manner that is not in accordance with the Charter, then the Minister’s discretion has… Read More »

The Offender’s Ability to Pay a Court Fine

The legislative purpose behind s. 734(2) of the Criminal Code is to prevent offenders from being fined amounts that they are truly unable to pay, and to correspondingly reduce the number of offenders who are incarcerated in default of payment. A court may impose a fine only if satisfied, on a balance of probabilities, that the offender has the… Read More »

Italian Seismologists to Stand Trial on Manslaughter Charges

September 28th, 2011 by Joseph Marcus In what has been described as a “medieval-style attack on science,” Italian prosecutors have charged six seismologists and one public official with manslaughter for their role in an earthquake that devastated the town of L’Aquila. The 6.3-magnitude earthquake took the town by surprise on April 9, 2009, resulting in over… Read More »

Questioning Our Judges

John D. Whyte Marshall Rothstein at the parliamentary committee hearing to review his nomination to the Supreme Court of Canada. (February 27, 2006) The retirements later this summer from the Supreme Court of Canada of Justices Ian Binnie and Louise Charron give Prime Minister Stephen Harper his third and fourth Supreme Court appointments. Both the retiring justices… Read More »

The truth about Canadian crime rates

BY JOHN MACFARLANE CRIME RATES have been declining in Canada for decades, as a result of demographics rather than policy initiatives. Here, as in other countries, most crimes are committed by young men, and because we have been producing fewer children of either gender there are not as many young men to commit them. According to Statistics… Read More »

The Prosecution Rests, but I Can’t

By JOHN THOMPSON New Orleans I SPENT 18 years in prison for robbery and murder, 14 of them on death row. I’ve been free since 2003, exonerated after evidence covered up by prosecutors surfaced just weeks before my execution date. Those prosecutors were never punished. Last month, the Supreme Court decided 5-4 to overturn a case… Read More »

Let’s build opportunity, not prisons

Globe and Mail Published Friday, Feb. 18, 2011 7:30PM EST With Canada poised to spend untold billions of dollars expanding its prison system, it’s worth looking at what else that money might buy in national projects that invest in the country’s most important capital, its people. Assuming Canada had extra billions in a time of large deficits,… Read More »

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Singer Squad
Singer Squad
02:40 14 Sep 19
Aswani is truly a professional lawyer, he is always honest to his clients, he is very nice and friendly, i would strongly recommend him as your first choice -- Sincerely Assadread more
Kar Sevak
Kar Sevak
20:34 07 Sep 19
Hard working and honest lawyer. Straight forward. Saved our family and we owe the world to him. Thanks Mr. Datt.read more
Venugopal Nori
Venugopal Nori
23:32 03 Sep 19
Aswani takes ownership of the case and deals it professionally to give it a meaningful conclusion. He is very reliable. Thanks Aswani Datt understands the situation and gives very good advice. He is very prompt in responding to any questions you might have.He provides expert legal advice. I will highly recommend him.read more
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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