CRM 101 Study Guide - Regulatory Offence, Khayman, Actus Reus
22 Apr 2014
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Risk management relationship to law: classification of offence (mens rea (intentional), strict, absolute, actus reus , due diligence } strict liability for both, corporate criminal liability, directing minds in regulatory offences. Directing minds in regulatory offence directing minds had to direct their minds to due diligence. Find ways to attribute liability, you look at the directing mind through dredge dock. Problem is unless u can show the board knew about it, corporation was not liable. Encourages board of directors to insulate itself from operations. Based on this bill c45 expanded criminal liability by what it is to be a senior officer attribute criminal intent now, includes managers, officers, or control over important aspects of business b/c they represent corporations mind. Bill c45 is used for federal law. Dredge dock case still exists b/c it still exists in provincial law. Pg 5. 16 5. 17 global fuel important aspect of organization"s activities case of fixing prices.
