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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Regulatory Offences: The Rarity of a Jail Sentence is No Reason Not to Order It (and other nuggets from the Court of Appeal for Ontario)
A month after the Court of Appeal for Ontario (“CAO”) re-affirmed deterrence as the primary sentencing factor for regulatory offences, the Court has released a decision that details the interplay…
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One Issue FINTRAC Doesn’t Include in its New Suspicious Transaction Reporting Guidance
Failing to file a Suspicious Transaction Report (“STR”) is as serious as it can get when it comes to violations, with penalties that can be assessed up to a maximum…
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Minimum Fines & the OWRA: The Court of Appeal Sets the Bar High For Relief
The Ontario Water Resources Act (“OWRA”) provides for minimum fines for defendants convicted of a number of offences, including ss.30(1): Every person that discharges or causes or permits the discharge…
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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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What are “Dealers in Virtual Currencies”?
Is it just me? Or, is there really a gaping hole in the draft amendments to the PC(ML)TFA and its regulations when in comes to the intended regulation of digital currency?…
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