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Full-Text Articles in Law
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Osgoode Hall Law Journal
The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
Osgoode Hall Law Journal
The authors use a data sample collected from the Ontario Court of Appeal minute books between 1983 and 1987 to analyze how appeals move through the province's highest court. Criminal and, chiefly, sentence appeals dominate the Court's agenda. Hearing times-the duration of argument and rendering of judgment-are shorter than commonly believed, most often lasting less than twenty minutes. Elapsed times-the period between end of trial and beginning of hearing-are, on average, 77 per cent longer for civil than criminal appeals, 52 per cent longer for defendant than crown appeals, and 23 per cent longer for fall than spring appeals. Elapsed …