Corporate Criminal Liability after the Westray Mine Disaster

1. Corporate Criminal Liability after the Westray Mine Disaster Steven Bittle Assistant Professor Department of Criminology University of Ottawa

2. Introduction • Corporate criminal liability legislation • The Westray disaster • “Getting tough” on corporate crime – Bill C-45 • The enforcement record • Researching the Westray bill – How did we get here?

3. Introduction of Bill C-45 • Westray disaster and inquiry report • Growing distrust of corporate power • The introduction of Bill C-45 – the long road to reform • The Westray Bill in action

4. Bill C-45/The Westray Bill • Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations) • Imposes duty of care for those directing work • Organizational liability • Sentencing provisions for corporations

5. Shaping Corporate Criminal Liability • Explaining the reform process – Parliamentary Justice Committee • Shaping corporate criminal liability • Maintaining individual responsibility • Protecting economic interests • But they’re not really criminals

6. Individual Responsibility But if I’m sitting in a corporate boardroom in Halifax or Vancouver or Toronto or Montreal, General Motors perhaps, realistically, how can I be held liable because a health and safety supervisor in the General Motors plant in Oshawa is incompetent or negligent? (Liberal Member of Parliament, Justice Committee 22 May 2002)

7. Economic Interests • [y]ou have to be very careful, if you believe all these Canadian corporations and companies are just going to stay around if we put in something that’s a little too tough on them. I can tell you, there are many companies right now who look at our tax laws and other laws and are on the verge of heading somewhere else (Canadian Alliance Member of Parliament, Justice Committee 2 May 2002).

8. Illegal Yes, but not Criminal • Quite frankly ... I don’t believe this legislation will ever deal with probably 99% of the corporations and industries in our country. What it will deal with is the 1% or 2% that do carry on this kind of action. They’re the ones we want to deal with (New Democratic Member of Parliament, Justice Committee 9 May 2002).

9. Westray Bill in Action • (Non)Enforcement • Regulatory dominance • Criminal justice priorities • Societal priorities • Crime (Un)Control Industry?

10. Conclusions • “No-go” areas for the state • Corporations beyond the law: “Getting Tough” or Status Quo? • Where to from here?