LAW 534 Chapter Notes - Chapter 6: Regulatory Offence, Due Diligence, True Crime
19 Oct 2014
School
Department
Course
Professor
Document Summary
From a prosecutor"s viewpoint, regulatory offences are much easier to prove against corporations than true crimes. Due diligence must be proven across a corporate structure that is constantly evolving. The failure of the corporation to keep pace with technological change or shifting demographics may result in the failure to prove due diligence. [case] safety-kleen (p. 6-4: a corporation may be found not guilty of a criminal offence but may be guilty of a regulatory offence. In this case, the corporation was charged with both a true crime and a regulatory offence. There is not requirement that the crown must show that the employer in fact knew of the danger caused by the exposure to a dangerous machine. Primarily liability flows from the ownership and control over the enterprise that has caused the regulatory violation. Unlike vicarious liability, it is not necessary that an employee be found liable.
