Sentences with phrase «with civil offences»

Not exact matches

Most forms of child abuse are a criminal offence but civil actions may be taken in negligence against local authorities and police entrusted with child protection.

As discussed above, in 1999, the Competition Act's criminal misleading advertising provisions were replaced with a dual - track system which retains a criminal offence for serious cases, and deals with the rest through a civil system.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

Under s. 36, civil plaintiffs may commence damages actions or class actions for the violation of any of the criminal offences of the act or the failure to comply with a competition tribunal or court order under the act.

The same conduct can not be dealt with both as contempt of court in the civil court and a criminal offence under this provision.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that jail sentences for civil contempt are approached with the same reservation as jail sentences for health and safety offences.

Consequently, as we enter the Bribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving companies.

R. v. Babos (A.) 2014 SCC 16 Civil Rights — Canadian Charter of Rights and Freedoms — Denial of rights — Remedies — Stay of proceedings The accused were charged with 22 offences involving firearms, drugs and organized crime.

R. v. Pardy (T.) 2014 NLCA 37 Civil Rights — Criminal Law — Crown — Government Programs — Statutes Summary: The accused was charged with first degree murder, using a firearm in the commission of an offence, and, being a... [more]

For example, federal procurement rules provide for debarment or suspension of a company from contracting with the US government upon a conviction of or a civil judgment for a number of offences, including bribery, or any offence «indicating a lack of business integrity or business honesty...» [30] Moreover, federal disbarment or suspension may automatically trigger a cascade of similar consequences at the state or local, [31] and international, [32] levels, and can lead to follow - on private litigation.

The firm recently acted in matters relating to confiscation proceedings, cash seizure, forfeiture, restraint orders, property freezing orders and civil recovery orders under the Proceeds of Crime Act and tipping off offences in accordance with National Criminal Intelligence Service «NCIS».

One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two terminations of employment for cause, and two declarations of bankruptcy.»

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

Contempt of court is the only civil proceeding that could result in jail and because of the potential impact on an individual's liberty, the formalities must be strictly complied with ̶ clear, precise and unambiguous notice of the specific contempt offence for which he or she is being charged must be given, and the elements required for a conviction proved beyond a reasonable doubt.

A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that custodial sentences for civil contempt are approached with the same reservation as custodial sentences for health and safety offences.

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

Other than civil and commercial cases, Ling Ling also enjoys working on complex criminal matters, with a focus on white collar crimes and capital offences.

As to Firth's view that negligence should be dealt with by the civil law only, and that it is anomalous that careless driving should be a criminal offence, imagine the following situation: people with guns were negligently firing them in what were consistently referred to as accidents, and roughly 10 people a day were being killed as a result.

This order is made in almost all sexual assault criminal cases and failing to comply with it, even by publishing a tort civil case, is a criminal offence.

In the case of price maintenance, the former criminal offences have been replaced with a new civil reviewable matters provision, which includes a competitive effects test and allows the bureau and private parties to seek tribunal remedial orders.

The Act is federal framework legislation that applies to most businesses and industries in Canada, with limited exceptions and includes criminal offences and civil reviewable matters.