The Asper Centre's Cheryl Milne writes "One small step toward justice for Omar Khadr"

Thursday, July 10, 2014

In a commentary in The Globe and Mail, Cheryl Milne, executive director of the David Asper Centre for Constitutional Rights, analyzes the Alberta Court of Appeal decision that Omar Khadr should serve his sentence as a young offender rather than an adult ("One small step toward justice for Omar Khadr," July 9, 2014).

Read the commentary on The Globe and Mail website, or below.

SJD student Kyle Kirkup - "New prostitution laws, same old harms to sex workers"

Thursday, June 5, 2014

SJD student and Trudeau scholar Kyle Kirkup has written a commentary in The Globe and Mail analyzing the Government of Canada's proposed new law to regulate prostitution ("New prostitution laws, same old harms to sex workers," June 4, 2014).

Read the full commentary on The Globe and Mail website, or below.

First jail sentence in Canada for foreign corrupt practices

Kenneth Jull
Saturday, May 31, 2014

Nazir Karigar, a former agent of an Ottawa high-tech company  was sentenced on May 23, 2014 to a penitentiary term of three years for conspiring to bribe several Indian government officials in the first Corruption of Foreign Public Officials Act (the “CFPOA” or the “Act”) case to go to trial. The conspiracy to bribe had as its purpose the winning of a tender for a multi-million dollar contract to sell facial recognition software to Air India, a state enterprise. Facial recognition software may play an important role in preventing the boarding of planes by unauthorized persons.

Sophisticated bribery schemes result in jail sentences

Superior Court Justice Hackland ruled that Karigar “had a leading role in a conspiracy to bribe Air India officials in what was undoubtedly a sophisticated scheme to win a tender for a Canadian based company.” The Court issues the following warning: “Any person who proposes to enter into a sophisticated scheme to bribe foreign public officials to promote the commercial or other interests of a Canadian business abroad must appreciate that they will face a significant sentence of incarceration in a federal penitentiary”.

Prof. Kent Roach - "Missing aboriginal women: More imprisonment is not the solution"

Wednesday, May 28, 2014

In a commentary in The Globe and Mail, Prof. Kent Roach argues that increasing the number of people sent to prison will not reduce the number of Aboriginal women who are murdered or go missing ("Missing aboriginal women: More imprisonment is not the solution," May 27, 2014).

Read the full commentary on The Globe and Mail website, or below.

The 2013-14 John LL. J. Edwards Memorial Lecture

Anthony Doob
Emeritus Professor, Centre for Criminology and Sociolegal Studies, University of Toronto

“Losing Our Balance: Old and New Directions in Canadian Criminal Justice Policy”

February 6, 2014

4:30 pm
Reception to follow

Prof. Brenda Cossman - "What if Ottawa now criminalizes prostitution?"

Monday, January 6, 2014

In a commentary in The Globe and Mail, Prof. Brenda Cossman looks at the potential consequences of the Supreme Court of Canada's decision striking down three laws relating to sex work ("What if Ottawa now criminalizes prostitution?", December 20, 2013).

Read the full commentary on The Globe and Mail website, or below.

Public Forum - After Bedford v. Canada: What next for regulating sex work in Canada?

PUBLIC FORUM

After Bedford v. Canada: What next for regulating sex work in Canada?

Friday, January 24, 2014, 3:30 – 5:30 p.m.

University College, Room 179
15 King’s College Circle, University of Toronto (map)

Corporate Criminal Liability: Canada Strikes the Right Balance

Kenneth Jull
Thursday, December 19, 2013

Competing theories of corporate criminal liability range along a spectrum.  At one end is vicarious criminal liability for the acts of employees or agents.  At the opposite end of the spectrum is the "directing mind" doctrine which requires the prosecution to prove that the Board of Directors set policy that authorized the criminal conduct. The Canadian corporate criminal model is. like many things that are Canadian, in the middle of the spectrum, based on the concept of a "senior officer". 

Two recent cases demonstrate how the Canadian model works in practice.  Global Fuels (R. c. Pétroles Global Inc.2013 QCCS 4262  leave to appeal to the Court of Appeal granted (2013 QCCA 1604))  was convicted of price fixing where a regional manager participated in collusion and let territory managers participate in collusion with his knowledge without interference. The Ontario Court of Appeal in Metron Construction (2013 ONCA 541) has affirmed that the actions of an independent agent who manages an important aspect of a corporations' activities and qualifies as a senior officer may result in a conviction of that corporation for criminal negligence causing death where the agent demonstrates a marked and substantial departure from the standard that could be expected of a reasonably prudent person.

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