McMillan is a leading business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong. Our firm values – respect, teamwork, commitment, client service and professional excellence – are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession.
There are numerous criminal and quasi-criminal regimes in Canada that provide authorities with search and seizure powers.
CanadaLegal Risk Management
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There are numerous criminal and quasi-criminal regimes in Canada that provide authorities with search and seizure powers. As well, many industry or other regulatory regimes include inspection or other investigatory powers
Risk assessment is the first step an organization must take to determine whether it is prepared for a potential search and inspection, and to determine any steps that can be taken to reduce the risk of such searches occurring.
An organization’s risk level will depend on:
The nature of organization’s operations;
The organization’s internal culture; and
The likelihood of media scrutiny.
The Analytical Framework for Assessing an Organizations Risk for a Search or Inspection
Probability of Investigation
Costs of Investigation
Likelihood of a complaint (from competitor, customer, supplier, disgruntled employee, etc.)
Likelihood of media coverage
Likelihood that enforcement authorities will initiate and pursue an investigation
Time spent by company personnel
Fees for professional advisors
Impact of uncertainty
Potential reputational effects if market participants or media become aware
Probability of Negative Outcome
Consequences of Negative Outcome
Likelihood of a complaint (from competitor, customer, supplier, disgruntled employee, etc.)
Likelihood of media coverage
Likelihood that enforcement authorities will initiate and pursue an investigation
Time spent by company personnel
Fees for professional advisors
Impact of uncertainty
Potential reputational effects if market participants or media become aware
Search Readiness and Response: Risk Assessment Practice Guide
CanadaLegal Risk Management
Contributor
McMillan is a leading business law firm serving public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Hong Kong. Our firm values – respect, teamwork, commitment, client service and professional excellence – are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession.
