LAW 534 Chapter 5: Chapter 5 Law 534

• School: Ryerson University
• Department: Law and Business
• Course: LAW 534
• Professor: Gil Lan

Document Summary

Bill c-45 amends criminal code re: liability of a corporation and other organizations. Expanded the meaning of directing mind: fault of middle managers may suffice; you don"t have to look at the top of the corporation to seek liability (5-2) New sentencing provisions judge can place corp on probation and to take steps to repair harm it has caused and prevent future harms. Law preserves important gradations of liability sets a lower standard for corp criminal liability based on crimes of negligence as apposed to crimes of subjective fault. Courts need to establish meaning of important regarding the company"s important aspect of org. activities (5-3) (-) Criminal charges may expose corporations to publicity and stigma (5-3) thus, relations between bill c-45 and regulators may turn to be more adversarial. Leading case etsy j in r v. canadian dredge& dock: described the identification doctrine- a corporation has more than one directing mind.