POLITICAL ENVIRONMENT: BILL C-45 |
INTRODUCTION | , |
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Why This UNIT is Important | Bill C-45 is
titled "Widening the Scope of Organizational Criminal Liability in Canada"
The Conservative government states "Bill C-45 will now make it easier for corporate decision-makers and corporations to be found guilty of criminal negligence under the Criminal Code by lowering the standard of care owed to prevent accidents in the workplace." How does this relate to international business management? - Canadian companies operating overseas have to now be responsible (even outside Canada) for the safety and wellfare of their employees. |
Context | "Bill C-45,
which became law in Canada on 7 November 2003, amended the Criminal Code
and widened the scope of criminal liability in Canada. It established
rules for attributing criminal liability to organizations for acts of their
representatives, and imposed a legal duty for all persons directing work
to take reasonable steps to prevent bodily harm occurring as a result of
that work."
The following points come from an executive summary analysing Bill C-45, particularly as it relates to Canadian organizations operating abroad, and is comprised of the following parts. The original executive summary
was written by...........
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Bill C-45 | For the purposes
of the students in Prof. Richardson's class, we will focus on
Part III: Applying Bill C-45
Beyond Canada's Borders
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Bill
C-45
Beyond Canada's Borders
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Bill
C-45 Beyond Canada's Borders
"The extent of the application of criminal liability depends is centered upon the territory where the violations occur and the presence of a legal system willing and capable of prosecuting such complaints, which is often missing in conflict zones. Nevertheless, the Supreme Court of Canada has held that the Criminal Code can apply to illegal acts committed overseas, if there exists for a “real and substantial link” between Canada and the crime." |
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