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BUSINESS SPOTLIGHT Firm Can Be Charged ™" Under Criminal Code MONTREAL (OP)--A corpora-|victed of a crime only if its; "A criminal conviciton against|® tion can be convicted under the|/highest officers are parties to/a corporation can affect advers- Criminal Code of Canada, althe crime--is included in sev-jely a large number of innocent Montreal lawyer writes, butjeral conclusions reached by law-|shareholders and it should not only if a crime committed canjyer Harvey Yarosky after aloccur except through the crim- be linked to "the active and di-jstudy of judicial decisions injinal behavior of its highest of- recting will of the corpora-|England and Canada. ficers."" tion." Writing in the McGill Univer-| The Criminal Code set out The deduction--which in effect|sity law journal, Mr. Yarosky|special rules for the summoning means a corporation can be con-!says: and trial of corporations and witht GENERAL LAWN SPRAY SERVICE Cand Our expert technicians provide a complete lawn service that relieves you of weeding and fertilizing problems for the whole season. No muss, no fuss... and hours added to your leisure time. Weed spraying from as low as 39¢ per 100 sq. feet. It costs no more than if you did it yourself. RESULTS eo gee ss COME. 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GENERAL LAWN SPRAY LIMITED 130 Oakdale Road Phone 636-0215 Downsview Ontario RO ici ls ee cls ie Mr. Yarosky frames the prob- lems in terms' of several ques- tions, among them, "where are 'we to draw the line that divides those persons whose actions can be attributed to the corporation sang: from those persons who erely servants or agents . the corporation and whose criminal acts bind only them- selves"' Among his conclusions are: SERVING OSHAWA AND AREA OVER 40 YEARS... 1, A company is not convicted, because it must answer for the acts of its employees or agents but because certain officers whose actions are those of the}! company itself have behaved criminally. 2. Acts of a corporation's officers should be considered those of the company only when they can be linked to "the ac- tive and directing will of the corporation," the "directing mind and will of the corpora- tion," and the "very ego and centre of the personality of the corporation. company's business and struc- ture, and the authority dele- gated by the directors to the company's managing officers. 4. A company could ordinar- ily be bound only by its board of directors, by a single direc- tor or by a senior executive officer. Only these persons nor- mally were close enough to "'the very heart and centre of the corporate onganism and person- ality" to be identified with it. 5. Finally, the burden of proof 'was always upon the Crown, .|"and it is always incumbent upon the Crown to prove beyond reasonable doubt that the per- son whose acts are alleged to be those of the company prop- erly comes within the rules out- lined above." RANKS FOURTH New Zealand uses 850,000 tel- ephones, or one to every three people, to rank fourth in per- capita telephone usage after|the Canada, the U.S. and Sweden. THE OSHAWA TIMES, Thursday, April 16, 1964 17 Quebec Opens New Office Of Publicity QUEBEC (CP )--Quebec ince's new office of information and publicity was officially opened Wednesday night with hope of Premier Jean Le- sage that it can fulfill a "veryjand printing work. delicate task"' ME saog wed wish of 'Opposition Leader Daniel John- oF annie ua Ce "a difficulty but portant task- with objecti another task of the rte leases and other material pre- pared by information offices is the various government depart- ments. It also will direct film TEST DRIVE TODAY You'll find a car waiting for you now at Ontario Motor Sales Now Available For Immediate Delivery! ONTARIO MOTOR SALES LTD. 140 BOND WEST 725-6501 WARNING! Alberto-Culver of Canada Limited 845 Farewell Avenue Oshawa Company Limited 1155 Simcoe St. Oshawa Citizens of Reynolds Extrusion . To All s. for the -- Company of Canada 32 King St. E. Oshawa ous as possible! .. to HELP FIGHT CANCER: This appeal is sponsored by the following public spirited businesses . . . Guaranty Trust W. B. Bennett Paving Limited 1290 Somerville Oshawa onday Evening, April 27th is OSHAWA & DISTRICT! Please Leave Your Porch Lights On!! emma ANADIAN CANCER SOCIETY (Oshawa Branch In the rural Areas of Ontario County, your neighbour will call on you during the month of April, for a donation to the Canadian Cancer Fund, and in the city of Oshawa, Brooklin, Bowmanville and Port Perry the Oshawa Kiwanis Clubs and other organiza- tions will be holding a house to house canvass (Blitz. Night) on Monday, April 27th from 6.30 to 9.30 p.m. Please be as gener- . remember your donation is urgently needed Credit Bureau of Oshawa Limited 286 King St. W. Oshawa