An Update on Corporations and Unreasonable Trial Delay
Six months after the Supreme Court released its decision in R. v. Jordan rewriting the law governing pretrial delay, there are at least three decisions of the Ontario Court of Justice confirming…
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Supreme Court Acts to Protect Joint Submissions as a Means of Resolution
It happens infrequently, but when it does, it can be really unsettling. After a lengthy and considered discussion with the Crown, counsel agrees to what is called a joint submission….
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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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Hold a POA for Property? Beware of Statutory Environmental Liability
Should a person who is not responsible for the pollution of a property be liable for its cleanup simply because he holds a limited power of attorney relating to its…
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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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