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Corporations are increasingly the subject of regulatory and criminal investigation and prosecution. Reputational damage from prosecutions can be devastating and permanent. In a time when corporations are being increasingly scrutinized, business leaders must take immediate steps to protect themselves and their enterprises.
Author Norm Keith has successfully defended more than 1,000 regulatory and criminal charges against corporations across Canada. Drawing on this experience, he provides an understanding of corporate liability and accountability with regard to criminal and regulatory laws and offences that apply to Canadian corporations.
You'll learn:
Types of criminal charges corporations may face, types of offences, and why charges are laid
Substantive and procedural defences available to corporations in federal and provincial offences
The rights of corporations under the Charter of Rights and Freedoms
New jurisprudence emerging form the Criminal Code amendments introduced by Bill C-45 (R. v. Kazenelson)
New directions in corporate accountability including, Administrative Monetary Penalties ("AMPs") and Deferred Prosecution Agreements ("DPAs")
Canada's legislative initiative to establish Corporate Social Responsibility ("CSR") via Bill C-300, and other international CSR initiatives such as the Equator Principles, International Finance Corporation's ("IFC") Performance Standards, International Standards Organization ("ISO") 26000, and the Global Reporting Initiative ("GRI")
New in this edition
New tax evasion and fraud section which identifies the primary offences under the Income Tax Act, and some of the jurisprudence enforcing the tax evasion and fraud provisions in the Criminal Code
New Chapter on Corporate Social Responsibility which introduces the concept of CSR, the objectives of CSR, differences between mandatory and voluntary CSR, and criticisms of CSR
Consolidated list of offences which a corporation may be charged with under federal and provincial statutes, including an expanded summary of provincial strict liability offences
Expanded sections on the corruption of foreign public officials; and money laundering and terrorist financing legislation
Additional case law included to help explain the nature of the rights in the Charter as they relate to corporations
Increased discussion on corporate sentencing under the Code (R. v. Metron Construction Corp.)
Expanded section on probation jurisprudence for corporations since the enactment of Bill C-45 with reference to the recent case of R. v. Maple Lodge Farms
New section on DPAs which considers whether a DPA program prevents or propagates white collar crime
The constitutionality of AMPs with reference to Mario Côté Inc. v. Canada (Canada Food Inspection Agency) and Beaudette v. Alberta (Securities Commission)
Who needs this information?
Criminal / Corporate Lawyers and Corporate counsel â€" advise clients, board members and senior management on the legal boundaries of corporate crime
Business executives â€" be aware of strategies for achieving legal compliance and avoiding prosecutions and legal liability
Government regulators and prosecutors â€" how the law of prosecuting corporate crime functions in Canada
Risk managers â€" who need to analyze, communicate and monitor the exposure of unexpected losses
Judges â€" criminal court judges who need background knowledge about corporate offences and liability
