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Bruce McMeekin Law

Regulatory Offences: The Rarity of a Jail Sentence is No Reason Not to Order It (and other nuggets from the Court of Appeal for Ontario)

A month after the Court of Appeal for Ontario (“CAO”) re-affirmed deterrence as the primary sentencing factor for regulatory offences, the Court has released a decision that details the interplay…
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Minimum Fines & the OWRA: The Court of Appeal Sets the Bar High For Relief

The Ontario Water Resources Act (“OWRA”) provides for minimum fines for defendants convicted of a number of offences, including ss.30(1): Every person that discharges or causes or permits the discharge…
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Is The Ontario Court of Justice Now A Debt Enforcement Court?

Recently, an Ontario Court Justice found that justices overseeing sentencing hearings under the Provincial Offences Act  (the “POA”) have the jurisdiction, in exceptional cases, to pierce the veil of asset-less…
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Fisheries Act Violations: Landowner and Two Logging Contractors Fined a Total of $600,000 and Ordered to pay $1.6 Million Towards the Protection of Fish Habitat

The streams on Graham Island, located in Haida Gwaii (formerly the Queen Charlotte Islands), are home to pristine habitat for juvenile salmonids including Coho salmon. In 2010, the owner of…
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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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Supreme Court Acts to Protect Joint Submissions as a Means of Resolution

It happens infrequently, but when it does, it can be really unsettling. After a lengthy and considered discussion with the Crown, counsel agrees to what is called a joint submission….
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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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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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