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

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

36 Pages Posted: 12 Jul 2013  

Todd Archibald

York University - Osgoode Hall Law School

Ken Jull

Gardiner Roberts LLP

Kent Roach

University of Toronto - Faculty of Law

Date Written: 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.

Keywords: Corporations, Criminal Liability, Risk Management

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: https://ssrn.com/abstract=2292743

Todd Archibald (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Kenneth E. Jull

Gardiner Roberts LLP

22 Adelaide Street West, Suite 3600
Toronto, ON M5H 4E3
Canada
416.865.6600 (Phone)
416.865.6636 (Fax)

HOME PAGE: http://grllp.com

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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