Monday, September 24, 2012
The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?
Posted by D. Daniel Sokol
John A. Campion & Antonio Di Domenico (Fasken Martineau) ask The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?
ABSTRACT: Administrative Monetary Penalties ("AMPs") are monetary penalties where payment is ordered by a decision maker acting under a statutory power. AMPs are popular among regulators, including the Commissioner of Competition, because they fill the gap between true administrative remedies and criminal sanctions. They allow regulators to collect considerable sums without having to prove their cases on the "beyond a reasonable doubt" criminal standard. However, some AMPs are so large that they arguably amount to penal sanctions, triggering constitutional protections under the Canadian Charter of Freedoms.