On this episode, we’re chatting about white collar criminal law with British Columbia business litigator and defense lawyer, Chilwin Cheng. Topics: Mens rea elements for corporate directors’ secondary liability, search warrants for IP addresses, & health and safety obligations for project owners. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.
Full Episode (55:46) Download Transcript
⚫ What is the mens rea element when corporate directors are charged with secondary liability offences? (10:14)
⚫ What are the implications of the new requirement for police officers to obtain a warrant to access IP addresses? (19:11)
⚫ Who bears the ultimate liability when a project owner hires a contractor to manage a project? (29:24)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (37:05)
⚫ What are the differences that a lawyer faces in representing a person accused with white collar crimes as opposed to other kinds of crimes? (37:43)
⚫ What governmental and policy steps have been the most effective in combatting money laundering? (40:37)
⚫ Given the concerns regarding insider trading, is being offered the option of employee stock options a meaningful benefit? (44:14)
⚫ What can you say about the popular perception that white collar criminals can “pay their way” out of criminal consequences? (46:06)
⚫ How do we bridge the gap between white collar crimes and the people they impact? (49:33)
1. Secondary Liability for Corporate Directors (11:44) Download
– R. v Mossman, 2024 BCSC 443
2. Search Warrants and IP Addresses (13:13) Download
– R. v. Bykovets, 2024 SCC 6
3. Health and Safety Obligations for Project Owners (12:37) Download
– R. v. Greater Sudbury (City), 2023 SCC 28
4. Ask-Me-Anything: White Collar Criminal Law (16:47) Download
⚫ What are the differences that a lawyer faces in representing a person accused with white collar crimes as opposed to other kinds of crimes?
⚫ What governmental and policy steps have been the most effective in combatting money laundering?
⚫ Given the concerns regarding insider trading, is being offered the option of employee stock options a meaningful benefit?
⚫ What can you say about the popular perception that white collar criminals can “pay their way” out of criminal consequences?
⚫ How do we bridge the gap between white collar crimes and the people they impact?
About the Guest:
Chilwin Cheng is the lead principal of Ascendion Law, which is a boutique commercial litigation and regulatory and white-collar defence based out of Vancouver
Chilwin has leading experience in complex administrative and regulatory legal issues, white-collar criminal defence, constitutional challenges, challenges of government authority, expropriations, and complicated multi-party, multi-stage, and multi-jurisdictional business litigation. His civil cases usually involve multiple jurisdictions, multiple parties, and complex areas of law.
He is a frequent conference chair, panel speaker, and guest lecturer at conferences, professional development panels, and training for law students and young lawyers. Chilwin is also a leader in law practice innovation and is a pioneer in adapting proven quantitative-modelling approaches to litigation assessment and management to forecast outcomes with high confidence and develop practical solutions that can avoid unnecessary litigation and resources.
In 2021, Chilwin was appointed Chair of CBABC’s Business Practice & Innovation Committee. He was also a member of the BC Supreme Court’s consultative body on technological improvements to the courts, and was recently appointed to the advisory body to University of Victoria Law School’s Access to Justice Project. Prior to founding Ascendion Law, Chilwin served as the Chief Counsel of the regulator of Canada’s public equities markets and trading systems, a prosecutor with the BC securities commission, and as a Crown Counsel.
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