Corporate Crime, Accountability, and Social Responsibility in Canada, 2nd Edition
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Minimizing Corporate Risk
Corporations are increasingly the subject of regulatory and criminal investigation and prosecution. Reputational damage from prosecutions can be devastating and permanent. In a time when corporations are being increasingly scrutinized, business leaders must take immediate steps to protect themselves and their enterprises.
Author Norm Keith has successfully defended more than 1,000 regulatory and criminal charges against corporations across Canada. Drawing on this experience, he provides an understanding of corporate liability and accountability with regard to criminal and regulatory laws and offences that apply to Canadian corporations.
- Types of criminal charges corporations may face, types of offences, and why charges are laid
- Substantive and procedural defences available to corporations in federal and provincial offences
- The rights of corporations under the Charter of Rights and Freedoms
- New jurisprudence emerging form the Criminal Code amendments introduced by Bill C-45 (R. v. Kazenelson)
- New directions in corporate accountability including, Administrative Monetary Penalties ("AMPs") and Deferred Prosecution Agreements ("DPAs")
- Canada's legislative initiative to establish Corporate Social Responsibility ("CSR") via Bill C-300, and other international CSR initiatives such as the Equator Principles, International Finance Corporation's ("IFC") Performance Standards, International Standards Organization ("ISO") 26000, and the Global Reporting Initiative ("GRI")
New in this edition
- New tax evasion and fraud section which identifies the primary offences under the Income Tax Act, and some of the jurisprudence enforcing the tax evasion and fraud provisions in the Criminal Code
- New Chapter on Corporate Social Responsibility which introduces the concept of CSR, the objectives of CSR, differences between mandatory and voluntary CSR, and criticisms of CSR
- Consolidated list of offences which a corporation may be charged with under federal and provincial statutes, including an expanded summary of provincial strict liability offences
- Expanded sections on the corruption of foreign public officials; and money laundering and terrorist financing legislation
- Additional case law included to help explain the nature of the rights in the Charter as they relate to corporations
- Increased discussion on corporate sentencing under the Code (R. v. Metron Construction Corp.)
- Expanded section on probation jurisprudence for corporations since the enactment of Bill C-45 with reference to the recent case of R. v. Maple Lodge Farms
- New section on DPAs which considers whether a DPA program prevents or propagates white collar crime
- The constitutionality of AMPs with reference to Mario Côté Inc. v. Canada (Canada Food Inspection Agency) and Beaudette v. Alberta (Securities Commission)
Who needs this information?
- Criminal / Corporate Lawyers and Corporate counsel – advise clients, board members and senior management on the legal boundaries of corporate crime
- Business executives – be aware of strategies for achieving legal compliance and avoiding prosecutions and legal liability
- Government regulators and prosecutors – how the law of prosecuting corporate crime functions in Canada
- Risk managers – who need to analyze, communicate and monitor the exposure of unexpected losses
- Judges – criminal court judges who need background knowledge about corporate offences and liability
Table of contents
Chapter 1: Introduction to Corporate Crime and Accountability
Chapter 2: The Evolution of Corporate Accountability
Chapter 3: Models of Corporate Control
Chapter 4: Bill C-45 – A Game Changer
Chapter 5: Corporate Offences
Chapter 6: Corporations and the Criminal Justice System
Chapter 7: Rights of Corporations under the Charter
Chapter 8: Defences to Corporate Offences
Chapter 9: Sentencing and Probation for Corporate Offenders
Chapter 10: New Directions in Corporate Accountability
Chapter 11: Corporate Social Responsibility
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