What procedural rights are available to a corporation under section 11 of the Criminal Code?
Ontario, Canada
The following excerpt is from PSC Industrial Canada Inc. v. Ontario (Ministry of the Environment), 2004 CanLII 15482 (ON SC):
As noted before, R v. CIP Inc. established that specific procedural rights under section 11 were available to a corporation. This entitlement flowed from an analytical framework in which a right was held to exist if a corporation could establish it had an interest within the scope of the right (or guarantee), and which was in accord with the particular right. A corporation without a physical body would obviously have an interest in the two section 11 rights set out above, as well as being tried within a reasonable time period, not to experience double jeopardy (ie: section 11(h)), and also to the benefit of a lower punishment.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
What is the test for branch 1 of the section 12 exemption under section 12 of the Criminal Code of Canada? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
What is the test for obtaining a search warrant and consent authorization under section 487 and section 184.2 of the Criminal Code? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
Is an attempt to commit a crime known to law, that was thwarted by chance, still a criminal attempt under section 24(1) of the Criminal Code? (Ontario, Canada)
Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"? (Ontario, Canada)
Does section 282 of the Criminal Code apply to parental abduction? (Ontario, Canada)
What is the scope of the "right to liberty interest" under s. 7 of the Criminal Code of Canada? (Ontario, Canada)
Can a judge acting under section 37 of the Rules of Civil Procedure make an order under the same section of the Order? (Ontario, Canada)
