Having Trouble Deciding Whether There Are Reasonable Grounds to Suspect?
Well, you are in good company. So does the Supreme Court of Canada. The Court of Appeal for Ontario too. In Canada, entrapment is a full defence to a criminal…
Read more »
Is it Time to Rethink Suspicious Transaction Reporting?
With the amendment to ss.9(2) of the Suspicious Transaction Reporting (STR) Regulations coming into effect on June 1, it is appropriate to take a critical look at the scope and…
Read more »
Can a Sentencing Court Order Officers and Directors of a Convicted Corporation to Complete Probationary Requirements on its Behalf?
An Alberta Queen’s Bench Justice has found that, in exceptional circumstances, it can. In R. v. D&J Isley & Sons Contracting Ltd., the family owned, corporate defendant had been convicted…
Read more »
Are There Two Tiers of Criminal Liability for Strictly Regulated Organizations and Their Management Arising From Workplace or Other Operationally Related Fatalities?
On November 14, 2019 the Supreme Court of Canada (“SCC”) released its decision in R. v. Javanmardi in which it simplified the test for wrongful act manslaughter (“manslaughter”). In so doing,…
Read more »
Can The Municipal Owner Of A Road Construction Project Be Liable As An Employer For Violations Of The OHSA When It Has Contracted Out The Work?
Conventional wisdom might suggest not. But this is the very question the Court of Appeal for Ontario agreed to consider on October 28 when it granted the Ministry of Labour (MOL)…
Read more »
Reporting Suspicious Transactions: “As Soon As Practicable”, Meaning What?
Included in the final amending regulations gazetted on July 10 amending the regulations made under the PC(ML)TFA is a significant change (effective June 1, 2020) as to when STRs must be…
Read more »
OHSA & Other Regulatory Offences: Do Increased Statutory Maximums Translate Into Higher Fines?
In December 2017, the Ontario legislature increased the maximum fines for offences contrary to the OHSA from $25,000 (individuals) and $500,000 (corporations) to $100,000 and $1.5 million, respectively. With an…
Read more »
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…
Read more »