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Ryerson University
Law and Business
LAW 534
Gil Lan

1. Risk management  relationship to law 2. Classification of offence (mens rea (intentional), strict, absolute) 3. Actus reus } 4. Due diligence } strict liability for both 5. Corporate criminal liability 6. Directing minds in regulatory offences CHAPTER 5 Directing minds in regulatory offence – directing minds had to direct their minds to due diligence What is main problem that we face? Conviction = intention + act, how do u show what corporation intended to do because it is not an individual person? - Find ways to attribute liability, you look at the directing mind through Dredge Dock Case test. You deconstruct everything and look at it - Problem is unless u can show the board knew about it, corporation was not liable. Disconnected. 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 - 5-18 – senior officers for attributing intent towards criminal offence, and lower level / officers (Payette) Lower level is also seen as senior b/c of their price fixing abilities - too much delegation of lower level employees gets whole corporation liable - 5-19 – he was found to be a senior manager in price fixing - “Unduly vague, the case law....” 5.19, charter challenge, jurisprudence - Independent contractors – o Georjo and Khayman co. produce substances and they have HR Matthew and some contractors. o 5.22 – Metron Construction Court Case – working on balconies and high rise buildings, it collapsed, died. Only 2 lifelines available, no max weight known, rented line, they had recently ingested marijuana. 5.23 – “clearly attributes....” mid-level o Thus employers in Canada can be held criminally liable for their employees. Under criminal code, independent contracts can get the employer in trouble. When you choose contracts chose someone reliable + can trust is following the law. Just as important to screen these guys out as it is for our own employees for high-risk industries. o 5-24 – “although they did goods things, it wasn’t enough to same them on this issue” o 5-25 – lawyers argued that it should be a “supposed” 2 step analysis:  (1) – whether or not representative was reckless, (2) senior management took steps to take care of the harm o 5-26 – “we are of view that 2 stage test is not allowed unless contractor manages important part of organization” o 5-28.1 – 3 ways criminal code sets out separate ways which organizat
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