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Bruce McMeekin Law

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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Lawyer’s Weekly: Criminal Liability Rises to the Top

A robust environmental compliance system can certainly minimize the risk of a catastrophic incident occurring. But if a disastrous spill like that in Lac-Mégantic nevertheless occurs causing serious injuries and/or fatalities,…
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Workplace Criminal Negligence Results in Lengthy Prison Sentence

R.v.Kazenelson is the first case in which an individual has been sentenced for the offences of criminal negligence causing death and bodily harm within the context of a breach of…
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Canada Should Consider Using Deferred Prosecution Agreements

A Deferred Prosecution Agreement (“DPA”) is a discretionary tool available to prosecutors for the resolution and disposition of corporate criminal conduct. Essentially it is an agreement between a criminal prosecutor…
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Toronto Scaffolding Convictions Provide Insight Into the Criminal Workplace Duty of Care

On June 26 MacDonnell J. released his Reasons for Judgment in R. v. Kazenelson convicting the defendant of four counts of criminal negligence causing death and one count of criminal negligence…
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Alberta Court Convicts Drilling Contractor For Workplace Fatality

In 2010 an employee, aged 32, of Precision Drilling Canada Limited was tragically killed when he was struck by drilling rig equipment while working as a floor hand on the…
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Lawyers’ Weekly Article: Quebec railway tragedy will test the law

The flexibility of the criminal law as a sanction for catastrophic environmental damage is soon to be tested.  On Jan. 15, it is expected that the preliminary inquiry will be…
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Workplace Fatalities Lead to Large Fines and Jail Time for Directors

In the first two weeks of 2015 the Ontario courts have levied a total $985,000 in fines and ordered 50 days of jail time in relation to four separate prosecutions…
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