LAW 534 Lecture Notes - Lecture 5: Criminal Negligence, Fall Guy, Management System
2 Feb 2015
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Introduction: in order to go against a corporation criminally, need to prove criminal negligence, and the operating mind (3 ways that are used) Identification theory (provincial) (cid:224) senior officer (federal) (cid:224) vicarious liability. If employee does something within the scope of business which is a criminal offense, the corporation has harpooned the corporation based on the acts of the employee. Don"t care about the corporations intent, as long as the employee committed the act then the corporation is liable. Advantage: easy way to prosecute a corporation. Disadvantage: tricky when blaming someone for it all. Way to broad and causes social harm (go bankrupt and huge path of destruction) people lose jobs, people lose money in stocks. Theory to determine the intent of the corporation by determining the criminal intent of the board of directors or those who set corporate policy. Prove the directing mind had the intent, in which the directing mind is the thing that has control.
