Welcome to the 16th edition of Capital Perspectives: Ottawa's Business Law Update. This authoritative resource provides legal insight and perspective on the issues that matter to private and public sector organizations operating in the National Capital Region.
Each issue of Capital Perspectives draws on the Fasken Martineau Ottawa team's expertise in a variety of specialized areas of law to help our readers make sense of the events, issues and trends that impact their organizations.
In this issue we draw from some topics presented during the Fasken Ottawa Symposium on June 11 to offer insight with a criminal law theme:
Employer responses to alleged 'off duty' criminals in the workplace
As an employer, you can take action against employees for off-duty activities that violate the law. Arbitrators, courts and tribunals have upheld suspensions and the discharge of employees involved in egregious conduct outside the workplace in cases where the misconduct has jeopardized an employer's legitimate business interest. But, even in the face of criminal allegations or formal criminal charges against an employee, you should refrain from making hasty decisions. Judith Parisien, an associate with the Ottawa office focused on management side labour law and employment litigation, discusses the steps an employer should take before acting against an employee and why a hasty decision could prove to be a legal misstep.
Making a successful disclosure under the Canada Revenue Agency's Voluntary Disclosures Program
The Canada Revenue Agency's voluntary disclosure program can be a useful tool for taxpayers who may have made mistakes in their tax returns or have omitted filing returns. A successful disclosure can result in relief from penalties and prosecution and, often, a reduction of interest owing. Kevin Yip, a partner in the Tax Group in Fasken Martineau's Toronto office, walks us through the basics of the voluntary disclosure program and provides useful tips on making a successful disclosure.
You are being investigated: How can you avoid being prosecuted?
There are a multitude of scenarios where business people in either the public or private sectors may become the subject of an investigation. The investigation may be under the Criminal Code or any number of other penal statutes, and often into conduct you weren't even aware was illegal. All of these Acts provide for possible prison sentences if convicted. All can result in criminal records. Some can lead to other indirect sanctions that can severely impact a business. Pat McCann, a Certified Specialist in criminal law and Counsel with the Ottawa office, outlines what to expect, what actions to take and what counsel to seek, should you find yourself subject to an investigation.