LAW 534 Lecture 6: Lecture 6
22 May 2018
School
Department
Course
Professor
Lecture 6: Chapter 6
Introduction
• Authors are arguing how regulatory prosecutions continue to play an important role
• Interesting observation:
o Harder for Crown to get a conviction for true crimes as compared with
regulatory offences
o The result for the corporation is usually the same: a fine
• Side note: note commentary about directing mind used in different ways:
o Mens rea offences: directing mind (i.e. senior officer) is relevant for Crown
o Strict liability: defendant must show how it directed its mind to due diligence
o Potentially confusing so be careful
Directing Mind in Regulatory Offences
• Directing mind of Corporate Due Diligence
o Safety-Kleen case
▪ Review facts
▪ Three offences charged – oe of hih as a true rie see disussio
in text)
▪ Provincial offence – court uses identification theory
▪ Hypothetical: what would result be if we pretend that Bill C-45 (senior
officer) concepts apply?
• The Regulatory Offence
o Continuing with Safety-Kleen case: although no conviction for the true crime, can
still be guilty of the regulatory offence on the same facts
o Why was the corporation found to be guilty of the regulatory offence? Was it
that Safety-Kleen was vicariously liable?
o Answer is no! Regulatory offence is related to ownership and control.
▪ Why care? As stated in text at 6-6: Unlike vicarious liability, it is not
necessary that the employee be found liable (see also example about
broken pipe)
o For a regulatory offence, the corporation is responsible based upon ownership
ad otrol priary liaility rather tha ased o iarious liaility
o R. v. Timminico
o R. v. Glenshiel
o R. v. Edmonton City
▪ Interesting case about whether total lack of control means no liability for
regulatory offence
▪ Authors bring up good point about whether one can rely completely on
this case
o Do’t get ofused o “outh Natio Rier Coseratio Authority . Auto
Concrete Curb Ltd. case
▪ This is about who is responsible for permits between owner and
contractor in a CIVIL LAWSUIT.
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