Due Diligence

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Due Diligence
Legislation assignment #2

1. Where did the term “due diligence” come from, what case?

The term due diligence came form the case Sault Ste. Marie, know as strict liability offences, by Supreme court of Canada. Due diligence and the strict liability were offered in response to the inadequacies of the existing criminal law, due to the actions that occurred in polluting the water source in Sault Ste. Marie, Ontario.

“SCC”) in R v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 5 D.L.R. (3d) 161 (“Sault Ste. Marie”)

2. What is the “due diligence test”?

The due diligence test is the “Reasonable Person Test” which is
a subjective way of determining someone’s guilt or innocence. Two questions are always asked to keep up-to-date with accurate information, these two questions are:

1. “Are reasonable steps being taken and are adequate systems in place to anticipate and detect the risk associated with our operations?”

2. “Have systems been put into place to ensure that identified risks are avoided and managed properly if they occur, and are those systems being implemented properly?”

3. In your own words what does it mean?

Due diligences are the understanding and knowledge of proper work techniques that are practiced. Therefore employees take part in a safe productive work places. To properly take part in a safe work place employees must be compliance with their work practice. First step in due diligence is to be able to point out any hazards that may affect your health and safety before any work begins. Secondly, being able to prevent any incidents form occurring will maintain a strong understanding of the work. Lastly, controlling the work site is key, maintaining the health and safety of employees is an important role within an organization. Practicing the role of due diligence will allow others to recognize men or women are capable of practicing...
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