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Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson
Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson
Darcy L MacPherson
On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to non-corporate organizations criminal liability previously limited to corporations. Bill C-45 will apply to all fault-based offences occurring on or after 31 March 2004, it does not apply to offences of either absolute or strict liability. This paper will discuss the most crucial changes …