In this video, we discuss the difference between primary and secondary liability and the distinction between secondary liability and vicarious liability. We will review how the Crown proves secondary liability, emphasizing the problematic concept of “acquiescence”.

In the second video in our Criminal Secondary Liability in Canada series for corporate counsel, I discuss the tricky problem of how to handle yourself when dealing with government regulators – and when you know there may be an investigation or a prosecution around the corner.

In this third and final video, I want to cover two areas. First, I want to discuss the circumstances in which you will want to retain external counsel to protect the interests of your director, officer, or key employee in a criminal investigation or regulatory prosecution. And second, I want to cover the areas, documents, and information corporate counsel will want to review to assess your company's potential exposure to criminal liability and also that of your key employees.

Chilwin Cheng is the Principal Lawyer of Ascendion Law, a boutique litigation firm in Vancouver, BC, focusing on complex commercial litigation and regulatory and white-collar defence.    

He is a former Chief Counsel of the regulator of Canada's public equities markets and trading systems, a former prosecutor with the BC securities commission, and a former Crown Counsel.  

He has appeared as counsel at all levels of court provincially and federally, in mediations, and before regulatory and administrative tribunals.  His civil cases usually involve multiple jurisdictions, multiple parties, and complex areas of law.  

Chilwin is a thought-leader in the profession, especially in British Columbia’s regulatory defence and white-collar field. Most recently, he was the Chair of the 2022 Continuing Legal Education Society of British Columbia Regulatory Proceedings and Criminal Offences conference, a convening of leading practitioners in the province.