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Bruce McMeekin Law

Regulatory Modernization Act: The Ontario Court of Justice Relies on Multiple Previous Convictions Under the EPA to Impose a Rare Continuous Jail Sentence for Workplace Safety Offences

The Regulatory Modernization Act (RMA) was enacted by the legislature in 2007. Under section 15, it permits the Crown to request a more severe penalty for convictions under a provincial…
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Rowbotham Orders: An Alberta Court Orders a Securities Act Prosecution Stayed Until the Crown Agrees to Pay for the Defendant’s Defence

For over twenty years, Canadian courts have been prepared to order the Crown to fund the cost of retaining a lawyer to defend an unrepresented defendant at trial. The basis…
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AML/ATF Compliance: Some Thoughts About Reporting Suspicious Transactions

The failure to file Suspicious Transaction Reports (STRs) within thirty days can be a major liability for organizations subjected to a FINTRAC audit, exposing violators to substantial penalties and the…
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“Reprehensible” Crown Misconduct Not Enough to Stay a Criminal Prosecution as an Abuse of Process

Is a trial court justified in staying or dismissing a criminal prosecution as an abuse of process when faced with state misconduct? Yes, but only in the clearest of cases…
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The Elliot Lake Mall Collapse: When Does a Regulatory Contravention Constitute a Crime?

In January the structural engineer who concluded the Algo Centre mall was structurally sound some ten weeks before its collapse was charged with two counts of criminal negligence causing death…
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Are Transport Drivers Required to Complete Circle Checks Before Every Trip?

A Yukon judge has effectively decided they are. In Director (OHSA) v. North 60 Petro Ltd. et al the defendant’s dispatcher was instructed to pick up a truck that had…
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Environmental Liability: The Risk of Ignoring the Reasonable Advice of Your Consultant

I recently came across the decision of the B.C. Provincial Court in R. v. Mission Western Developments. This was a Fisheries Act prosecution in which the Crown alleged that the…
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Rare Jail Term Imposed in Workplace Fatality Prosecution

A roofing company and its owner recently pled guilty to offences arising from the workplace death of an employee who was working on a small residential project. He fell about…
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