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Chapter 5

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MKT 100
Jennifer Fraser

CHAPTER 5 Lecture 8: The Changing Face of Corporate and Organizational Criminal Liability • How to hold corporation criminally liable o Attributed them to it by bringing up vicarious liability; also known as respondeat superior (ONLY USA) o Primary liability  Directing minds – whether the corporation had the intent (directors) need to prove that the directors had the knowledge about issue (NON FEDERAL ISSUES)  “senior officer” test – Bill C45 (FEDERAL ISSUES) o Vicarious liability Lecture 8: The Changing Face of Corporate and Organizational Criminal Liability • Conviction = intent + act o Intent -> attribute, directing minds setting policy • Dredge Dock o For a large corp there are so many operational decisions made every day o With this test, unless you can show that the board of directors knew about it, it is almost impossible to prove o Provincial law still uses this (Bill C-45 is only for federal) • Global Fuels Case pg. 5-17 o The vice president was not considered a senior officer, the regional manager was • Jurisprudence – case law
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