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Bruce McMeekin Law

The Limits of the Criminal Law: The Superior Court Declines to Quash Bar Owners’ Discharges on Wrongful Act Manslaughter Charges

In February 2012, a patron and sometimes employee of the Angry Beaver bar in Belleville was involved in a head-on collision with another vehicle on Highway 401.  She had entered…
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Lac-Mégantic TSB Report Released

The TSB report (released August 19) on the Lac-Mégantic train derailment really held no surprises when it came to the failures of the MM&A. The company was found to have…
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Protecting the Results of Your Internal Investigation

You have done the right thing by going to the time and expense of finding out what caused a major spill of chlorine from your facility. Workers have been interviewed…
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Recent OHSA Convictions Lead to Big Fines

We are  just within the first week of July and already the Ministry of Labour has obtained fines this month totaling $325,000 on four separate convictions: Parker Hannafin Canada pleaded…
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Is it an Accident? Or a Crime?

The June 20th conviction of a Montreal driver for two counts each of dangerous driving causing death and criminal negligence causing death, highlights once again the difficulty in distinguishing crimes…
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Lac-Mégantic Criminal Charges: How is the Montreal Maine & Atlantic Railway Exposed to Conviction?

Criminal prosecutions of corporations are rare in Canada. The police and Crown appear to prefer the prosecution of individuals, reflecting, perhaps, a shared belief that the conviction and punishment of…
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Regulatory Modernization Act: The Ontario Court of Justice Relies on Multiple Previous Convictions Under the EPA to Impose a Rare Continuous Jail Sentence for Workplace Safety Offences

The Regulatory Modernization Act (RMA) was enacted by the legislature in 2007. Under section 15, it permits the Crown to request a more severe penalty for convictions under a provincial…
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Rowbotham Orders: An Alberta Court Orders a Securities Act Prosecution Stayed Until the Crown Agrees to Pay for the Defendant’s Defence

For over twenty years, Canadian courts have been prepared to order the Crown to fund the cost of retaining a lawyer to defend an unrepresented defendant at trial. The basis…
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