Canada has adopted an interesting approach to applying corporate criminal liability to anti-competitive offences, which is similar in some aspects to certain systems existing in Europe, yet also very distinct from other European models. The Canadian corporate criminal liability regime in respect of anti-competitive offences may be summarized as follows: The criminal liability of organizations may be triggered by the perpetration of any criminal offence, including anti-competitive and economic offences such as bid-rigging, price-fixing cartels, corruption of foreign public officials, or fraud. Organizations subject to criminal liability include more than just corporations: certain persons, groups, and associations without a separate legal entity can also be found criminally liable and sentenced to a fine. A court may not criminally convict an organization without evidence beyond a reasonable doubt that one of its identifiable members committed an anti-competitive offence.
展开▼
