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Bruce McMeekin Law

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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We’re Under Investigation. What Now?

Hands down, the question I get asked most frequently by in-house counsel or senior management is: “We’re under investigation. The officer wants to interview some of our employees. How do…
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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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