The government is dragging criminal law into the Competition Act – it shouldn’t
The proposed changes build upon smaller tweaks to the act that the minister has made in recent months. The government tinkered around the edges last June, when it made wage-fixing and no-poach agreements punishable by jail time and fines at the discretion of the court. Now, through these consultations which will inform long-promised legislative updates to the act, Mr. Champagne is considering additional changes that could criminalize even more marketplace activity.
Unlike civil cases, where the burden of proof is lower, the criminal law imposes very high standards on the Crown to prove wrongdoing. The protections in the Canadian Charter of Rights and Freedoms require continuing disclosure by the Crown to defendants, which can be costly and time consuming for prosecutors.
This suggests that instead of having to account to an enforcement agency for suppressing wages or labour mobility, businesses should anticipate a wave of litigation – much of which will be nuisance litigation – from class-action lawyers. This could lead to further problems.
Canada Latest News, Canada Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Community support needed to back Shelburne County Arena nomination in Kraft Hockeyville competition | SaltWireSHELBURNE, N.S. — If there was ever a time to show support for the Shelburne County Arena, now would be a prime opportunity. The aging community rink has ...
Read more »
Meteghan NS Acadian landmark seeking public's voting support in national competition | SaltWireThe winner of the competition – put on by the National Trust for Canada – receives a $50,000 prize to complete upgrades and renovations. | SaltWire
Read more »
Canadian ice dancers finish Four Continents competition with two more medalsCanadians finish Four Continents Figure Skating Championships with two silver, two bronze medals
Read more »
ERIN SULLEY: Let the festivities take flight — these garlic parmesan wings just might upstage the game on Super Bowl Sunday | SaltWire'The quarterback of wing recipes, in my humble foodie opinion'
Read more »
Nikki Haley faces 'high-wire act' in 2024 bid against Donald TrumpThe 51\u002Dyear\u002Dold Haley may be the first to take on Trump, but a half\u002Ddozen or more high\u002Dprofile Republicans are expected to join the contest over the coming…
Read more »
Opinion | We’re witnessing the real benefits of the NHL all-star breakFresh and healthy players perform better, making this three-week segment ahead of the NHL trade deadline the most interesting stretch of the season.
Read more »