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. |
|