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Bruce McMeekin Law

Can Corporations Benefit From the Constitutional Protection Against Cruel and Unusual Punishment?

In December 2018, the Supreme Court of Canada released its decision in R. v. Boudreault, 2018 SCC 58 (CanLII) finding, in part, that, fines levied against individuals can constitute cruel and unusual punishment if…
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Not All OHSA Offences Are Strict Liability (Part 2)

In a previous case comment, I wrote that in R. v. Precision Diversified Oilfield Services Corp Drilling (“Precision”) the Alberta Court of Appeal would shortly have the opportunity to consider whether, properly…
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Government Tables Enabling Legislation for Deferred Prosecution Agreements

A month after it announced as part of the federal budget that it intended to introduce deferred prosecution agreements, the government tabled Bill C-74 on March 26. Through proposed amendments to…
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Workplace Fatality Results in Manslaughter Charge Against Contractor

In a Canadian criminal law first, a Quebec construction contractor is under indictment and will be tried in November on a charge of unlawful act manslaughter arising from the tragic…
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An Update on Corporations and Unreasonable Trial Delay

Six months after the Supreme Court released its decision in R. v. Jordan rewriting the law governing pretrial delay, there are at least three decisions of the Ontario Court of Justice confirming…
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CORPORATIONS MAY HAVE GREATER ACCESS TO THE CONSTITUTIONAL PROTECTION AGAINST UNREASONABLE TRIAL DELAY

Three months after the Supreme Court in R. v. Jordan rewrote the analytical framework by which claims of unreasonable trial delay are to be tested, the Ontario Court of Appeal has applied…
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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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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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