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Bruce McMeekin Law

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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Are OHSA Offences Necessarily Strict Liability?

This is the question that the Alberta Court of Appeal has the opportunity to consider after granting the Crown leave to appeal the Queen’s Bench decision in R. v. Precision Diversified…
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“Critical Injury” Clarified

Section 51 of Ontario’s OHSA requires employers to immediately report critical injuries. Failures to report are treated seriously by the courts, levying substantial fines on offenders. Regulation 851 defines “critical…
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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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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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