Canada v. Hart

Canada v. Hart

Given the admitted breach of s.45, the accused's role as a directing mind and prolonged participation, the substantial volume of commerce affected (at least $400 million), the mitigating factors (guilty plea, attornment, waiver of jurisdiction), and the parties' joint submission, the appropriate and reasonable sentence is a fine of $50,000 payable forthwith.

Citation
2005 FC 316
Parties
Crown: Her Majesty the Queen; Accused: Robert J. Hart
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 March 2005
Procedural Posture
Criminal Competition Act Offence / Sentencing (reasons for Sentence)
Outcome
Plea of guilty accepted; conviction entered; accused fined $50,000 payable forthwith.
Legal Topics
Cartel/conspiracy, Sentencing, Fines, Jurisdictional Attornment
Source Language
English
Competition Law Criminal Law Cartel/conspiracy Sentencing Fines Jurisdictional Attornment

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Parties

Her Majesty the Queen

Crown

Robert J. Hart

Accused

Procedural Posture

Criminal Competition Act Offence / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Breach of s.45 of the Competition Act (criminal conspiracy)
  2. 2 Appropriate sentence and quantum of fine
  3. 3 Consideration of accused's role and duration of conspiracy

Ratio Decidendi

Given the admitted breach of s.45, the accused's role as a directing mind and prolonged participation, the substantial volume of commerce affected (at least $400 million), the mitigating factors (guilty plea, attornment, waiver of jurisdiction), and the parties' joint submission, the appropriate and reasonable sentence is a fine of $50,000 payable forthwith.

Court Disposition

Plea of guilty accepted; conviction entered; accused fined $50,000 payable forthwith.

Orders

  • Conviction registered pursuant to guilty plea.
  • Accused ordered to pay a fine of $50,000 forthwith.