by David H. Izett and David J. Stanford of McCarthy Tétrault
Recently, in R. v. Terroco Industries Ltd. (2005), 367 A.R. 1. (C.A.), the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench to increase the fines imposed by the Provincial Court trial judge. The Court of Appeal held that in sentencing a corporation whose defence of due diligence for an environmental offence has failed, courts must consider the degree of carelessness and culpability (blame), as a dominant factor. More Info...
