Regulatory Offences (Sentencing): Difference between revisions
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all with a view of identifying the aggravating and mitigating factors. <ref> | all with a view of identifying the aggravating and mitigating factors. <ref> | ||
''R v General Scrap Iron & Metals Ltd.'', [http://canlii.ca/t/5f6r 2003 ABQB 22] (CanLII){{perABQB|Watson J}}{{ | ''R v General Scrap Iron & Metals Ltd.'', [http://canlii.ca/t/5f6r 2003 ABQB 22] (CanLII){{perABQB|Watson J}}{{atL|5f6r|35}}<br> | ||
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The primary objective of the fine is deterrence.<ref> | The primary objective of the fine is deterrence.<ref> | ||
see discussion ''R v Canadian Consoli'', [http://canlii.ca/t/fxghc 2013 ABPC 120] (CanLII){{perABPC|Walter J}}{{ | see discussion ''R v Canadian Consoli'', [http://canlii.ca/t/fxghc 2013 ABPC 120] (CanLII){{perABPC|Walter J}}{{atL|fxghc|10}}<br> | ||
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Revision as of 23:16, 22 August 2019
General Principles
Sentencing of corporate offenders for regulatory offences should consider:
- the conduct, circumstances and consequences of the offence,
- the terms and aims of the relevant enactment or regulation, considered in the larger context of comparable regulation and legitimate corporate functioning in the relevant areas, and
- the participation, character and attitude of the corporation offender, considered in the larger context of corporations engaged in relevant industrial or business activity,
all with a view of identifying the aggravating and mitigating factors. [1]
For the most part, the enforcement of the violated regulations can be achieved by the imposition of fines.[2]
The primary objective of the fine is deterrence.[3]
The amount of a fine will be determined based on factors including:[4]
- the size of the company involved,
- the scope of the economic activity in issue,
- the extent of actual and potential harm to the public,
- the maximum penalty prescribed by the statute,
- the need to enforce regulatory standards by deterrence.
- ↑
R v General Scrap Iron & Metals Ltd., 2003 ABQB 22 (CanLII), per Watson J, at para 35
- ↑ R v Cotton Felts Ltd., (1982), 2 CCC (3d) 287 (Ont. C.A.), 1982 CanLII 3695 (ON CA), per Blair JA, at pp. 294-295 ("To a very large extent the enforcement of [regulatory] statutes is achieved by fines imposed on offending corporations.")
- ↑
see discussion R v Canadian Consoli, 2013 ABPC 120 (CanLII), per Walter J, at para 10
- ↑ Cotton Felts Ltd., supra