Archive for 'Articles'

John Howard Society steps up to offer bail supervision program

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The decision by the government to provide a bail verification and supervision program in 17 communities across Ontario is certainly positive as it provides another option to being detained in custody… read more here.

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Mandatory minimum sentence for gun crime struck down

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With the strike down of the mandatory minimum for gun crimes, there may be more guilty pleas to the offence where offenders are able to plea bargain a sentence substantially less than three years… Read the rest of the article here. 

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18-month sentence following a conviction for human trafficking charge

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Toronto criminal lawyer Tushar Pain says an 18-month jail term for human trafficking handed to a man who forced his housekeeper to work long days for little money seems harsh… Read the story here.

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The importance of mid-trial instructions when dealing with character evidence

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It’s a “double-edged sword” in cases where a judge has to give detailed instructions to a jury to focus on the crimes that were committed and not the type of person who committed them… Read the rest of the story here.

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Case highlights rare mix of identical twin accused and DNA evidence

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A New Brunswick case involving twin brothers on trial highlights the rare mix of identical twins as accused persons and the resulting difficulty with DNA evidence… Read the full story here.

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Analyzing corporate behaviour in relation to CFPOA obligations

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Introduction

Recently, in Canada, there have been some high-profile cases stemming from charges arising out of the Corruption of Foreign Public Officials Act (CFPOA). Though there have not, to date, been many prosecutions under this Act, that is starting to change. The RCMP now are involved in more than 30 active investigations and it is only a matter of time before more charges are brought. However, even with the limited number of cases we have in Canada, there are ...

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An Overview of the Corruption of Foreign Public Officials Act (CFPOA)

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The Corruption of Foreign Public Officials Act (CFPOA) is a Canadian piece of legislation that was passed in 1998 and came into force in 1999. It deals with the bribery of foreign public officials. It was created in order to fulfil Canada’s international obligations as a member of the Organisation for Economic Co-operation and Development (OECD).

The offence of bribery is defined in section 3(1) of the CFPOA. There are essentially 5 elements to the definition. Firstly, the offence must be ...

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Understanding how proceedings are commenced before the Ontario Securities Commission

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If you are being investigated by the Ontario Securities Commission (OSC), at some point formal proceedings may be initiated against you. This can occur either at the conclusion of the investigation or while the investigation is still ongoing. It is Enforcement staff (a branch of the OSC) that carry out the investigation and it is Enforcement staff that can initiate formal proceedings.

Formal proceedings before the OSC are initiated by the Issuance of a Statement of Allegations by Enforcement staff. The ...

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An overview of cease trade orders in the context of OSC enforcement proceedings

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A cease trade order prohibits the subject of the order from trading. It can be a narrow ban or a complete ban on trading. These orders are made in the context of an OSC enforcement proceeding.

Where Enforcement staff (the investigative branch of the Ontario Securities Commission (OSC)) believe that a company’s or individual’s actions are an immediate and ongoing threat to either the public or the capital markets, it can apply to the Commission of the OSC for a temporary ...

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An Overview of OSC Enforcement Proceedings

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Ontario’s capital markets are overseen by the Ontario Securities Commission (OSC). Contraventions of securities laws are investigated by a branch of the OSC known as Enforcement staff.

Enforcement staff have broad powers to carry out their investigations. Under section 127 of the Securities Act (Ontario), Enforcement staff derive their authority to commence proceedings against both individuals and companies suspected of either violating securities laws or acting against the public interest. These proceedings take place at the OSC and are administrative hearings. ...

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