Corporate Crime, Accountability and Social Responsibility in Canada, 3rd 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 his experience, Corporate Crime, Accountability and Social Responsibility in Canada, 3rd Edition provides an understanding of corporate liability and accountability with regard to criminal and regulatory laws and offences that apply to Canadian corporations. In this new edition, readers will learn:
- Types of criminal charges corporations may face, types of offences, and why charges are laid
- Substantive and procedural defenses 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")
What’s New In This Edition
- New chapter on debarment of businesses that are convicted of white-collar crimes and regulatory offences
- Review of the new deferred prosecution agreements and remediation agreements in Canadian law
- New trends in prosecutions, sentencing and penalties for corporations
- Introduction of the role of environmental, social, and governance (“ESG”) investing standards for corporate accountability in Canada
- Update on Corporate Social Responsibility and alternative dispute resolution for corporate offenders
- What directors and officers can do to ensure corporate compliance and how to avoid jail
Who Should Read This Book?
- 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: Corporate Crime and Accountability in Canada
Chapter 2: The Development of Corporate Accountability
Chapter 3: Models of Corporate Accountability
Chapter 4: The Westray Bill – The Game Changer
Chapter 5: Corporate Crimes and Offences
Chapter 6: Corporations and the Criminal Justice System
Chapter 7: Corporations and the Canadian Charter of Rights and Freedoms
Chapter 8: Defences to Corporate Offences
Chapter 9: Sentencing and Probation for Corporate Offenders
Chapter 10: Alternate Methods of Corporate Accountability
Chapter 11: Debarment and Corporate Crime
Chapter 12: Corporate Social Responsibility and Environmental Social Governance
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