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Published byDennis Owens Modified over 9 years ago
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Bill C-45 An Act to Amend the Criminal Code (Criminal Liability of Organizations)
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Bill C-45 - What does it mean? *Puts a positive duty within the Criminal Code *“Every one” includes not only individuals but organizations. *Organizations can be found liable one of two ways: *By negligence - through the acts of representatives *By fault - through the actions of a senior officer
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Bill C-45 - What does it mean? * Section 217.1 of the Criminal Code Reads: *“Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task”.
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Bill C-45 - What does it mean? *Breaking down s.217.1 *“Every one” - includes organizations and government *“Has the authority” - includes organizations - not just supervisors or other people in charge *“Direct how” - vague wording - difference between telling someone how to do something and just you want something done. *“Any other person” - can include the public, not just employees
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