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Contents:
Law Office of
Munyonzwe Hamalengwa Barrister and Solicitor 100 Westmore Drive Unit 18A,
Toronto, ON. Canada, M9V 5C3
Phone: (416) 644-1106/ (416) 644-1123
Fax:
(416) 644-1126
e-mail:
mhamalengwa@sympatico.ca
New Developments:
Giants Of Justice The Nelson
Mandela International Award
In The Pursuit Of Justice
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Munyonzwe Hamalengwa Barrister and Solicitor >
Services
Munyonzwe Hamalengwa maintains a diverse
litigation practice in the areas of
Immigration Law,
Constitutional Law
,Criminal
law and
International Human Rights Law. He has acted and acts as
counsel to
lawyers,
professional engineers, nurses, doctors, for organizations like Black
Inmate and Friends Assembly and individuals charged with all types of
offences or have been wrongfully dismissed or victimized by government
agencies.
Criminal Law
Munyonzwe Hamalengwa has defended all types of cases including murder,
arson, fraud,
theft,
shoplifting, robbery, assaults, impaired driving, public mischief, etc. at
both trial and appeal levels.
Between January 2006 and
May 2007, Mr. Hamalengwa represented Richard Wills, a police officer who was
charged with 1st degree murder of his girlfriend.
The following are some of
the pre-trial motions and judicial rulings involved in the case:
R.v.
Wills No. 02/07131, On Sup. Court of Justice, May 11, 2007-
Justice J.R. McIsaac's Reasons., Ruling on bail application.
29/05/2006- RULING: (Application to Sit at
Counsel Table)
22/06/2006- RULING:
(Application for Disclosure re: Direct Indictment)
31/07/2006- RULING:
Video Recording of Mr. Wills in Court
01/08/2006 -RULING:
Admissibility of Statements of February 2002
01/08/2006 -RULING:
Admissibility of Statements of February 2002
20/09/2006 -RULING:
Admissibility of Statement of June, 7 2002
20/09/2006 -RULING:
Admissibility of Statement of June, 7 2002
27/09/2006 -RULING:
Application to Admit Preliminary Hearing Evidence of Shirley Rochement
11/10/2006 -RULING: Admissibility of Statement of
October 11 and 12,
23/10/2006 -RULING: Voluntariness of Protected
Statements
24/11/2006 -RULING: Application to Adduce Utterance of
the Deceased
25/01/2007 -RULING: Application to Adduce Hearsay
Statement of Normand Wills
10/01/2007 -RULING: Unreasonable Delay
23/01/2007 -RULING: Applications for Change of Venue
and Challenge
01/02/2007 -RULING
on Production Requests
01/02/2007 -RULING
on Application for Exhumation
05/02/2007 -RULING
on Application for Bail Review
06/02/2007 -RULING
on Application to Cross-Examine Witnesses
Young offenders:
R. v. R.(A.),
2007 ONCJ 131 (CanLII)
- 2007-03-05
Ontario - Ontario Court of Justice
Immigration Law
Munyonzwe Hamalengwa has helped thousands of clients since 1991, in all
aspects of Canadian immigration and refugee law. He is completely familiar
with the
Immigration and Refugee Protection Act
and every feature and practices of
Citizenship and Immigration Canada (CIC),
and
Canadian Immigration and Refugee Board
procedures.
He helps people with
their refugee claims and hearings, Sponsorship of relatives, Humanitarian
and Compassionate applications, business visas-investors, entrepreneurs,
detention reviews and deportation appeals. His success rate on stay of
removal applications is high.
His clientele comes from many parts of the world, including, Africa, Central
and South America, Mexico, the United States, Asia and the Caribbean.
Most clients charged under the Criminal Code end up having immigration
issues as well.
An Immigration and Refugee Board Case
-T9806157S_
Karimian v. Canada (Minister of Citizenship and
Immigration)
2006 FC 867
Date: July 11, 2006
Oparanyamele v. Canada (Minister of Citizenship
and Immigration)
2005 FC 1247
Date: September 13, 2005
Miana v. Canada (Minister of Citizenship and
Immigration)
2004 FC 1138
Date: August 16, 2004
Wishart v. Canada (Minister of Citizenship and
Immigration) (C.A.), 2001 FCA 235,
[2001] 4 F.C. 495
Date: July 11, 2001
Constitutional law is the law that establishes, allocates and limits public
power. The general issues in constitutional law in
Canada
come under two general headings:
Division of Powers, and the
Charter of Rights and Freedoms.
Most of Munyonzwe Hamalengwa's recent constitutional cases deal with racial
profiling under the Criminal Code and the Immigration and Refugee
Protection Act.
A
Racial Profiling
case challenges the treatment of the individual by the authorities
using the Charter standard of equality under and before the law.
Racial profiling violates a person's rights under the Charter particularly
sections 7,8, 9, 10, 12 and 15 of the Charter .
R. v. Smith,
2004 CanLII 46666 (ON S.C.) -
2004-12-07
Ontario - Superior Court of Justice
racial profiling - ticket - customs -
evidence - secondary
R v. Ebagua
[2004] O.J. No. 5982,
May 26,
2004.
Criminal
law -- Offences -- Resistance or obstruction of a public
officer or peace officer -- After refusing to identify
himself, accused allegedly resisted arrest -- Accused
found not guilty -- Arrest was unlawful.
R v. Johnson
[2002] O.J. No. 5466,
September
25, 2002
Arrest
made arbitrarily, without reasonable and probable grounds and
as a result of racial profiling, contrary to ss. 7, 9 and 15
of the Canadian Charter of Rights and Freedoms.--s. 10(b)
violation unnecessary and serious.
International Law
International
law has now internationalized many issues once of only domestic concern,
eroding some traditional barriers of state sovereignty. Canada’s laws
themselves are increasingly a hybrid of purely domestic regulations and laws
implementing international obligations.
see
:
Family Law
Munyonzwe Hamalengwa's family law cases include representing clients
involved in
Divorce, Separation, Custody, Support and Child
Protection. This area of representation also crosses into Immigration law.
Civil Litigation
Munyonzwe Hamalengwa is expanding his civil litigation practice. This
includes
Wrongful Dismissal, Landlord and Tenant, Medical Malpractice, Wills and
Estates, Personal Injury, Workers' Compensation, civil and class actions
against public authorities like the police and immigration. If you are
wronged, you should sue.
Hamalengwa v. Duncan,
2005 CanLII 33575 (ON C.A.)
- 2005-09-22
Ontario - Court of Appeal for Ontario
inference of racial profiling - protected
by judicial immunity - letter -
absolute privilege - complaint
Consultancy
Munyonzwe Hamalengwa is also involved in national and
international consultancy in human rights, constitutionalism and governance.
He can also act as an expert witness in racial profiling and immigration
matters.
ONTARIO JUDICIAL COUNCIL
IN
THE MATTER OF a complaint respecting the
Honourable Justice Marvin G. Morten
Munyonzwe Hamalengwa can be
reached at:
mhamalengwa@sympatico.ca and or
munyonzwe.hamalengwa@bellnet.ca
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Munyonzwe Hamalengwa's Law Practice]
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Some cases:
Court of Appeal for Ontario
R. v. Zwicker,
1994 CanLII 1221 (ON C.A.) - 1994-04-02
Ontario - Court of Appeal for Ontario
motor vehicle - owner - insurance -
plates - registered
Hamalengwa v. Duncan,
2005 CanLII 33575 (ON C.A.)
- 2005-09-22
Ontario - Court of Appeal for Ontario
inference of racial profiling - protected
by judicial immunity - letter -
absolute privilege - complaint
R. v. R.(A.),
2007 ONCJ 131 (CanLII)
- 2007-03-05
Ontario - Ontario Court of Justice
young person - custodial sentence - firearm -
circumstances of the offence - peer
Federal Court Of Canada
Supreme
Court Of Canada
1.Bulletin
of December 8, 2000,
Rolston Ricardo Moffatt
v.(27895) The
Minister of Citizenship and Immigration (F.C.A.)Filing date 25.10.20-00
2.Bulletin
of January 18, 2002, Roger
Colas v. (29003) Her Majesty the Queen (Ont.
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