Corporate Crime Accountability And Social Responsibility In Canada

When corporations misbehave the consequences are devastating. The monetary costs of the 2008 financial crisis, a direct result of financial mismanagement, were in the trillions, and yet none of those responsible were held to account. The monetary costs of Criminal Code theft pale in comparison, and yet our prisons are filled with people who commit “street theft.” In order to understand why governments, regulators, unions, activists and community groups have such a difficult time preventing and sanctioning corporate criminals we must first recognize the vital role of corporate economic power. Focusing on crimes against workers/employees, and the environment and financial crimes, About Canada: Corporate Crime traces the ways that particular systems of government — from nineteenth-century crony capitalism to neoliberalism and globalized capitalism — develop policies regarding the socially harmful and illegal behaviour of corporations. This book shows why governments are reluctant to pass, enforce and administer meaningful regulation of corporations: institutions and actors with the power to put thousands of potential voters out of work, generate negative commentaries from highly respected experts, and produce critical editorials from 80 percent of Canadian media (owned and controlled, let us remember, by many of these same corporations). Assessing the present state and future prospects of corporate crime, this book asks: How did we get here? What do we know about corporate crime? Why does it matter? and What are the main issues/developments today? In the end, it asks the most important question of all: How can political and economic systems be changed to prevent, or at the very least mitigate, the tremendous damage corporate activities are inflicting on human lives, health, jobs, communities and economies?

Explaining why accountability for corporate crime is rarely imposed under the present law, this text proposes solutions that would help to extend responsibility to a wide range of actors. It develops an Accountability Model under which the courts and corporations work together to achieve accountability across a broad front.

How is it that corporations are able to behave irresponsibly, criminally, and undemocratically? "Wealth by Stealth" is a scathing introduction to the operations of the modern corporation, written by a corporate lawyer. Many writers point to the growth of undemocratic corporate power. Glasbeek takes these observations further and outlines clearly how corporations become so powerful. He also shows how they are able to act without regard to the behaviour and laws governing citizens and other groups. Glasbeek is known by generations of students for his brilliant, funny lectures at Osgoode Hall Law School. With "Wealth by Stealth" his informative critique of corporate behaviour becomes available and accessible to all. How is it "The corporation makes them do it"?

"This book provides a comprehensive review of corporate crime and regulatory offences in Canada, including the evolution of corporate criminal liability, strict liability offences, defense of due diligence, and a practical summary of the charging, prosecution, and trial processes. The rights of corporations under the Charter are examined as are the new judicial sentencing and probationary powers. A new chapter on Corporate Social Responsibility ("CSR") explores the definition, objectives, drivers and criticisms of CSR, and examines Canadian and International CSR initiatives."--

This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.

The "business case" for corporate social responsibility, which suggests that socially and environmentally aware companies can expect to reap financial rewards, is seemingly gaining widespread acceptance within the business community. This is particularly apparent in the ever-increasing number of prominent companies parading their social, ethical and environmental credentials by producing paper- or web-based social and environmental, or sustainability, reports. In so doing, reporting companies claim, they are demonstrating a clear commitment to transparency and accountability to their key stakeholder groups. However, in the prevailing voluntaristic, business-case-centred climate within which such initiatives are taking place, little thought appears to have gone into the question of how stakeholders, other than the capital provider group, can actually use corporate disclosures offered in order to hold management accountable for the social and environmental consequences of their actions. While much corporate rhetoric abounds concerning notions of stakeholder dialogue and engagement, rigorous analysis of the governance implications of their claimed commitment to the principles of corporate social responsibility is largely conspicuous by its absence. Corporate Social Responsibility, Accountability and Governance seeks to explore this "missing link" between CSR (and associated reporting initiatives) and governance mechanisms that are capable of embracing true stakeholder accountability. A wide range of case studies, drawing on experiences of both public- and private-sector initiatives in Europe, the United States, Canada, South America and Asia, offer insightful analysis of the complex relationships between the state, the market and civil society in the development of CSR, accountability and sustainable development. The book employs a multidisciplinary perspective in order to analyse the political, social, economic, technological, legal and organisational shaping of CSR. The complexities underpinning the concept are thereby clearly drawn out and the gross oversimplifications inherent in the prevailing consultancy-driven, business-case literature painfully exposed. Above all, the book offers a sound, practically and theoretically informed contribution to public policy debate and reflects and builds on urgent calls from public- and private-sector policy-makers as well as academics to develop better governance and accountability frameworks for business to deal with the imperatives of social responsibility, sustainable development and ethics. This book is divided into five parts. In Part 1, the complex concepts of responsibility, accountability and governance are discussed, and in particular the presumed relationships between the state, the market and civil society in improving accountability and governance are explored and critiqued. Part 2 consists of chapters relating to corporate social responsibility and stakeholder theory. Part 3 is concerned with empirical studies covering governance structures, networking and corporate social responsibility. Part 4 deals with corporate governance and its implications for regulators and civil society. Part 5 discusses multinational companies and how they impact on national governance regimes. Finally, a summary is provided with emerging international patterns of accountability and governance structures. Corporate Social Responsibility, Accountability and Governance will be essential reading for public and private policy-makers and practitioners and academics interested in how CSR can become more than a soundbite, and rather a substantial force for better global corporate governance and accountability.