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Regulatory Offences in Canada: Liability and Defences, Second Edition
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Regulatory Offences in Canada: Liability and Defences, Second Edition is a guide to the world of regulatory offences written by authors with over a half a century in practical legal experience.

Regulatory laws pervade our lives, controlling how we do everything from parking the car to fixing the roof to disposing of nuclear waste. They are meant to control and reduce the risks we impose upon each other through activities as diverse as driving, earning a living, building a house, or running an atomic power station.

Regulatory Offences in Canada: Liability and Defences, Second Edition is a guide to the world of regulatory offences written by authors with over a half a century in practical legal experience in this area of regulatory law. This text focuses on the unique problems in enforcing and defending public welfare law, and it reviews the concepts that arise from the case law. Whether you are a judge, a lawyer, an investigator, or a business person, this text will assist you in navigating these tricky waters.

New in this edition

  • Expanded and updated discussion of the application of the Charter to regulatory offences generally and to corporations in particular
  • Expanded and updated discussion of Administrative Monetary Penalties
  • The Supreme Court’s rulings in Consolidated Maybrun and Al Lippert on the availability of collateral attacks on an order as a defence in regulatory offences
  • The Supreme Court’s recognition of a limited defence of officially induced error
  • The Supreme Court’s resolution in Hasselwander of whether strict or liberal statutory interpretation applies to penal regulatory statutes
  • Updated analysis of compliance audits as a factor in establishing due diligence
  • Discussion of the “Westray” amendments to the Criminal Code
About the Author

John Swaigen has been active in environmental law and policy since 1972. He served as General Counsel to the Canadian Environmental Law Association, associate of the Canadian Institute of Environmental Law and Policy, counsel to the Ontario Ministry of the Environment and the Information and Privacy Commissioner of Ontario, as well as Chair of Ontario’s Environmental Appeal Board. John was the co-editor of Canada’s first environmental law text, Environment on Trial, as well as the author of books on administrative law, law enforcement, and fundraising for non-profit groups. John joined EcoJustice’s Toronto office in 2011 after spending 12 years as an EcoJustice board member.  John’s notable cases include the Cadillac Fairview case where hundreds of birds, including threatened species, had been injured and killed at the company’s corporate office tower in Toronto, and case of Sam Siapas, the first individual to serve a jail term for violating a court order to cease polluting Toronto’s sewer system. John is the recipient of the SOAR Medal, awarded by the Society of Ontario Adjudicators and Regulators, for outstanding contribution to administrative justice.

Susan McRory handled or supervised all environmental prosecutions for the province of Alberta for more than two decades. She personally prosecuted such giants in the energy field as Syncrude, Suncor, Encana, Imperial Oil, Conoco Philips, Prime West Energy, Shell Canada, Devon Canada, and Petenco Resources, as well as major industrial facilities such as Dow Chemical, Proctor & Gamble, Inland Cement, Geon Canada, and Union Carbide. Her files with the greatest public profile included prosecutions against Canadian National Railways in connection with the Lake Wabumun spill and the Chisholm fire, as well as the famous “ducks” case (R. v. Syncrude).  As the senior partner at McRory Law Office in Edmonton, she consults on all forms of regulatory matters and serves as a member of the Environmental Appeals and Public Lands Boards as well as being a public member on the board of the Association of Professional Engineers and Geoscientists of Alberta.