| Author | Message | ||
     gerryduffett Junior Member Username: gerryduffett Post Number: 26 Registered: 3-2005 Posted From: 142.240.200.10 |
Bill C-45 / "Whistle Blower Syndrome." / Canada Looks like if you go up against the wrong "corporation" you could wind up "dead." I wonder if a "union" or any of it's "members" have ever "protected" the interests of a "corporation". I worked at a "non union" company, Harper Detroit Diesel when I was poisoned in 1997. I wonder if these laws apply differently to different people in different social classes. ---------------------------- A PLAIN LANGUAGE GUIDE BILL C-45 - AMENDMENTS TO THE CRIMINAL CODE AFFECTING THE CRIMINAL LIABILITY OF ORGANIZATIONS http://www.justice.gc.ca/en/dept/pub/c45/ TABLE OF CONTENTS BACKGROUND SECTION I: CURRENT CANADIAN LAW Criminal liability generally Criminal liability of corporations Criminal liability of directors, officers and employees SECTION II: CHANGING THE LAW UNDER BILL C-45 Why does C-45 refer to an organization rather than a corporation? Who are the “directing minds” of the organization? What does it mean that an organization is a party to an offence? For whose physical acts is an organization responsible? How does an organization become a party to a crime of negligence? How does an organization become a party to an offence where intent or knowledge has to be proven? Sentencing an Organization How are organizations punished for committing a crime? At what level should the fine be set? What is corporate probation? BACKGROUND The Government tabled Bill C-45 on June 12, 2003. If passed, it will amend the Criminal Code to modernize the law with respect to the criminal liability of corporations and the sentencing of corporations. The House of Commons Standing Committee on Justice and Human Rights held hearings into this subject in May 2002 and recommended that the Government table legislation. The Government Response set out the principles that would be enacted in the Criminal Code. The passage of Bill C-45 will transform these principles into law. Because the Criminal Code covers a wide range of crimes by all kinds of persons, the legislation employs more complex and specific language than that which was used in the Response. This Guide outlines how the law will apply in the most common situations. It is intended to assist the reader understand how the Government’s proposed legislation may affect them or the corporation they work for. Section I provides background information on Canada’s current laws regarding corporate criminal liability. Section II describes Bill C-45, by explaining who it applies to, which activities it pertains to, and what sentencing options exist under the proposed legislation. ------------------------- I always feel a lot "safer" after I read this. Gerry Duffett 14-4218 Lawrence Ave E Box 218 Scarborough Ontario Canada M1E4X9 gerryduffett47@yahoo.com gerryduffett@fastmail.ca Pager # 416-612-5689 http://gerryduffett.proboards54.com/index.cgi?board=general http://www.goliathboards.com/users5/gerryduffett/index.cgi |
