Regulatory Offences

Bruce McMeekin Law

Corporations Are Not Entitled to the Charter Protection Against Cruel and Unusual Punishment

That is the November 5 finding of the Supreme Court of Canada (SCC) in Quebec (Attorney General) v. 9147-0732 Québec Inc., 2020 SCC 32, on appeal from the Quebec Court…
Read more »

Unreasonable Trial Delay: Some Recent Caselaw

  The delay arising from reserved judgements should not be included in calculating its length: R. v. K.G.K., 2020 S.C.C. 7 (CANLII). In K.G.K. the defendant was charged in April…
Read more »

Can a Sentencing Court Order Officers and Directors of a Convicted Corporation to Complete Probationary Requirements on its Behalf?

An Alberta Queen’s Bench Justice has found that, in exceptional circumstances, it can. In R. v. D&J Isley & Sons Contracting Ltd., the family owned, corporate defendant had been convicted…
Read more »

Are There Two Tiers of Criminal Liability for Strictly Regulated Organizations and Their Management Arising From Workplace or Other Operationally Related Fatalities?

On November 14, 2019 the Supreme Court of Canada (“SCC”) released its decision in R. v. Javanmardi in which it simplified the test for wrongful act manslaughter (“manslaughter”). In so doing,…
Read more »

Can The Municipal Owner Of A Road Construction Project Be Liable As An Employer For Violations Of The OHSA When It Has Contracted Out The Work?

Conventional wisdom might suggest not. But this is the very question the Court of Appeal for Ontario agreed to consider on October 28 when it granted the Ministry of Labour (MOL)…
Read more »

OHSA & Other Regulatory Offences: Do Increased Statutory Maximums Translate Into Higher Fines?

In December 2017, the Ontario legislature increased the maximum fines for offences contrary to the OHSA from $25,000 (individuals) and $500,000 (corporations) to $100,000 and $1.5 million, respectively. With an…
Read more »

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…
Read more »

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…
Read more »