Industrial & Regulatory Offences
In choosing a lawyer to defend a prosecution of this nature it is important to recognize that the battle will ultimately be waged in criminal court. While your company lawyer may be well acquainted with matters of industry regulation, corporate affairs and commercial litigation it is highly unlikely that he/she is well versed in defending criminal prosecutions. In criminal court the rules of evidence, procedure, substantive law and players constantly change.
Patrick Fagan is a regular fixture in criminal court and has successfully defended charges of this nature. In Grand Prairie Provincial Court (for example) Patrick Fagan secured not guilty verdicts for a corporate client at trial charged under the Occupational Health and Safety Act relative to a death occasioned by the escape of H2S.
Knowledge of industry standards and practice germane to a particular case can be acquired in days; acquiring the experience to conduct and win a criminal trial takes years…