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Bruce McMeekin Law

Hold a POA for Property? Beware of Statutory Environmental Liability

Should a person who is not responsible for the pollution of a property be liable for its cleanup simply because he holds a limited power of attorney relating to its…
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When Is Trial By Jury A Constitutional Requirement?

On May 26, the Supreme Court agreed to hear the appeal in an Alberta case that could expand the scope of the constitutional requirement to trial by jury. Section 11(f)…
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We’re Under Investigation. What Now?

Hands down, the question I get asked most frequently by in-house counsel or senior management is: “We’re under investigation. The officer wants to interview some of our employees. How do…
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What’s Next For Administrative Monetary Penalties (“AMPs”)?

In July 2015, the Supreme Court released its decision Guindon v. Canada finding that AMPs were not offences attracting the protections contained in s.11 of the Charter. As a result, entities…
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Advocate Daily: Report highlights FINTRAC’s reach into Canadians’ lives

The latest FINTRAC annual report gives a glimpse into the extensive reach of the Financial Transactions and Reports Analysis Centre of Canada and the significant penalties that businesses can face for…
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Lawyer’s Weekly: Criminal Liability Rises to the Top

A robust environmental compliance system can certainly minimize the risk of a catastrophic incident occurring. But if a disastrous spill like that in Lac-Mégantic nevertheless occurs causing serious injuries and/or fatalities,…
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Workplace Criminal Negligence Results in Lengthy Prison Sentence

R.v.Kazenelson is the first case in which an individual has been sentenced for the offences of criminal negligence causing death and bodily harm within the context of a breach of…
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Canada Should Consider Using Deferred Prosecution Agreements

A Deferred Prosecution Agreement (“DPA”) is a discretionary tool available to prosecutors for the resolution and disposition of corporate criminal conduct. Essentially it is an agreement between a criminal prosecutor…
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