Abstract

http://ssrn.com/abstract=2292743
 


 



Critical Developments in Corporate Criminal Liability: Senior Officers, Wilful Blindness, and Agents in Foreign Jurisdictions


Todd Archibald


York University - Osgoode Hall Law School

Ken Jull


Baker & McKenzie

Kent Roach


University of Toronto - Faculty of Law

2013

Criminal Law Quarterly, Vol. 60. pp. 92-127 (2013)

Abstract:     
This article updates the authors work on the 2003 changes to corporate criminal liability in Canada. In 2003, Parliament replaced the traditional legal concept of corporate liability based on the fault of the corporation’s “directing mind(s)” with a broader concept of “senior officers”. This case examines a 2012 decision in R. v. Pétroles Global Inc., [2012] J.Q. No 5437 and an Ontario case in which a corporation was found liable for the actions of its contractors and argues that both decisions accord with Parliament’s intent to expand corporate criminal liability. The article also examines how recent decisions equating willful blindness with knowledge and decisions under Canada’s Corruption of Foreign Public Officials Act also have the effect of broadening corporate criminal liability. It also explores relates issues of risk management for corporations.

Number of Pages in PDF File: 36

Keywords: Corporations, Criminal Liability, Risk Management

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Date posted: July 12, 2013  

Suggested Citation

Archibald, Todd and Jull, Ken and Roach, Kent, Critical Developments in Corporate Criminal Liability: Senior Officers, Wilful Blindness, and Agents in Foreign Jurisdictions (2013). Criminal Law Quarterly, Vol. 60. pp. 92-127 (2013) . Available at SSRN: http://ssrn.com/abstract=2292743

Contact Information

Todd Archibald (Contact Author)
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
Kenneth E. Jull
Baker & McKenzie ( email )
181 Bay Street Suite 2100
Toronto, ON M5J 2T3
Canada
Kent Roach
University of Toronto - Faculty of Law ( email )
Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)
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