Friday, July 19, 2013
Todd Archibald , Ken Jull and Kent Roach (Osgoode Hall Law School - York University , Baker & McKenzie and University of Toronto - Faculty of Law) have posted Critical Developments in Corporate Criminal Liability: Senior Officers, Wilful Blindness, and Agents in Foreign Jurisdictions (Criminal Law Quarterly, Vol. 60. pp. 92-127 (2013)) on SSRN. Here is the 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.,  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.