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Canadian Law Reform - Sentencing
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Any orgnisation convicted of either of the two negligence offences could be sentenced to any level of fine that the court considers appropriate.

However section 718.21 of the updated Canadian Criminal Code states that the court should take into consideration a number of ‘factors":
(a) any advantages realised by the organisation as a result of the offence;
(b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence;
(c) whether the organisation has attempted to conceal its assets or convert them in order to show that it is not able to pay a fine or make restitution;
(d) the impact that the sentence would have on the economic viability of the organisation and the continued employment of its employees;
(e) the cost to public authorities of the investigation and prosecution of the offence;
(f) any regulatory penalty imposed on the organisation or one of its representatives in respect of the conduct that formed the basis of the offence;
(g) whether the organisation was – or any of its representatives who were involved in the commission of the offence were – convicted of a similar offence or sanction by a regulatory body for similar conduct;
(h) any penalty imposed by the organisation on a representative for their role in the commission of the offence;
(i) any restitution that the organisation is ordered to make or any amount the organisation has paid to a victim of the offence; and
(j) any measures that the organisation has taken to reduce the likelihood of its committing a subsequent offence.

In addition section 721.1 of the update Canadian Criminal Code allows the court to instruct a probation officer:

“to prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged.”

Section 732.1 (3.1) of the updated Code deals with probation orders. These can already be served upon corporations following conviction of a criminal (including regulatory) offences in some jurisdictions of Canada. Section 732.1 (3.1) lists additional conditions of such probation orders that the court may impose following a conviction. These are to:
(a) make restitution to the person for any loss or damage that they suffered as a result of the offence;
(b) establish policies, standards and procedures to reduce the likelihood of the organisation committing a subsequent offence;
(c) communicates those policies, standards and procedures to its representatives;
(d) report to the court on the implementation of those policies, standards and procedures;
(e) identify the senior officer who is responsible for the compliance with those policies, standards and procedures
(f) provide in the manner specified by the court the following information to the public names,
(i) the offence of which the organisation was convicted;
(ii) the sentence imposed by the court and
(iii) any measures that the organisation is taking – including any policies, standards and procedures established to resute to the likelihood of it committing a subsequent offence; and
(g) comply with any other reasonable conditions that the court considers desirable to prevent the organisation from committing subsequent offences or to remedy the harm caused by the offence.

 

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Page last updated on May 13, 2004