| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
amount of penalty |
mitigating circumstances |
|
Summary:
Should an administrative penalty be proportional to the penalty assessed against the employer in criminal proceedings? Not according to the FCA, for various reasons: administrative delays, the effect of a very punitive criminal sanction in undesirably increasing the administrative penalty, difficulty in quantifying the stigma of a criminal conviction. The FCA also notes, referring to C. Lai (A-525-97), that it is not desirable to import principles applicable to the criminal context into the administrative context.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
penalties |
amount of penalty |
|
Summary:
Should an administrative penalty be proportional to the penalty assessed against the employer in criminal proceedings? Not according to the FCA, for various reasons: administrative delays, the effect of a very punitive criminal sanction in undesirably increasing the administrative penalty, difficulty in quantifying the stigma of a criminal conviction. The FCA also notes, referring to C. Lai (A-525-97), that it is not desirable to import principles applicable to the criminal context into the administrative context.
