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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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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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Employee Negligence Does Not Relieve Employers From Liability For Workplace Criminal Negligence

The tragic Christmas Eve 2009 deaths of four workers who fell twelve floors when the swing stage on which they were working collapsed stands as one of Canada’s worst workplace…
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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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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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