What Does Recklessly Laundering The Proceeds Of Crime Mean?
In the 2019 federal budget released by Finance Minister Bill Morneau on March 19, the government announced its intention to amend the Criminal Code prohibition against money laundering (s. 462.31(1)) by…
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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…
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Offering SNC-Lavalin A Remediation Agreement May Be Unlawful, But Not For The Reason You May Think
As the debate continues about the propriety, and, possibly, legality of the alleged encroachment on Crown discretion (as exercised by the Director of Public Prosecutions), by some federal cabinet members…
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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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Deferred Prosecution Agreements
As an alternative to prosecution, the Feds are taking a serious look at bringing in DPAs in situations wherein organizations have committed some financial crimes and corruption offences. They have…
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