Bar Exam Toolbox Podcast Episode 218: Listen and Learn -- Intent Under the Model Penal Code (Criminal Law)
The guidance recommends that companies put in place controls that are proportionate to their operations, including the level of its exposure to foreign bribery risks and its business activities, which includes the...more
You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more
The Government of Canada’s revised Ineligibility and Suspension Policy (Ineligibility Policy), which came into effect on May 31, 2024, expands the circumstances under which vendors can be debarred or suspended from supplying...more
On 21 May 2024, France adopted the Law to secure and regulate the digital space (“SREN Law”). Among the provisions included in the SREN Law, we analyse two articles which amend the French Criminal Code to explicitly prohibit...more
The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more
The new policy provides for increased flexibility in the assessment of a supplier’s conduct, but targets a much broader range of situations triggering ineligibility, Introduction - The Government of Canada recently updated...more
On May 17, 2024, the Honourable Dennis Galiatsatos, a judge of the Court of Quebec (provincial court), issued a decision on the constitutional applicability and validity, in criminal matters, of section 10 of Quebec’s Charter...more
Le 17 mai 2024, l’honorable Dennis Galiatsatos, juge de la Cour du Québec, a rendu un jugement sur l’applicabilité et la validité constitutionnelles de l’article 10 de la Charte de la langue française (la « Charte ») en...more
Le 13 mai 2024, la Cour supérieure de justice de l’Ontario (la « CSJO ») a rendu sa décision dans l’affaire Mohawk Council of Kahnawà:ke v. iGaming Ontario, dans laquelle elle tranche en faveur de la province de l’Ontario et...more
À la suite de la publication du rapport initial de la Commission sur l’ingérence étrangère le 3 mai 2024, le ministre de la Sécurité publique du Canada a déposé le projet de loi C-70, Loi concernant la lutte contre...more
On May 13, 2024, the Ontario Superior Court of Justice (ONSC) released its decision in Mohawk Council of Kahnawà:ke v. iGaming Ontario, ruling in favour of the province of Ontario and iGaming Ontario. The Court found that...more
Following the release of the Foreign Interference Commission’s Initial Report on May 3, 2024, Canada’s Minister of Public Safety has tabled Bill C-70, the Countering Foreign Interference Act (Bill). The Bill would create a...more
The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of...more
We have been talking about it since last year: the bill to secure and regulate the digital space ("SREN") has now been passed. The legislative process leading up to the enactment of the SREN bill has been slow (as a reminder:...more
What happens when a victim of domestic violence suffers a predicate act in a State outside of New Jersey and then seeks an order of protection in New Jersey? The general answer is… the victim is entitled to the full...more
When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part of that analysis, commentators...more
China’s anti-corruption laws have been stringent for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”) containing the criminal offences of bribery and corruption came...more
The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more
Québec recently repealed the province’s strict regulations concerning contests open to Québec participants by amending the Act respecting lotteries, publicity contests, and amusement machines (Act) and by abolishing the Rules...more
Given the widespread use of “benefit” to calculate penalties across the corporate landscape, a new Australian High Court decision could have a significant impact on all corporations and directors that face civil or criminal...more
Canada, like other major jurisdictions, has a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations....more
The Superior Court of Québec recently published its reasons1 approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc...more
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Law -- specifically, the four mental states of criminal intent under the Model Penal Code. In this...more
On May 2, 2023, Bill C-47, Budget Implementation Act, 2023, No. 1 received second reading in the House of Commons (Budget Bill). The Budget Bill implements the policy initiatives outlined in the federal government’s 2023...more
The High Court of Australia has reserved judgment in an appeal considering how to determine the value of a corporation’s “benefit” derived from foreign bribery, for the purpose of setting the maximum penalty for the offence....more