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.
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