The Tender For Law

Volume 3

Aug 05, 2013 1:04 PM

James Allan

What follows is from a Supreme Court of Canada Justice in an SCC ruling. I draw you attention to this pertinent part of the citation, "Since the state defines the parameters of corporate existence". Anyhow here is the full citation from the Thompson News Paper case, I hope it helps your understanding, enjoy: "Modern corporate existence carries with it a notion of privacy which is at odds with the privacy inhering in physical persons. This difference flows from the nature of corporate existence. While individuals as a rule have full legal capacity by the operation of law alone, artificial persons are creatures of the state and enjoy civil rights and powers only upon the approval of statutory authorities. Even if corporations are given legal capacity, their legal powers may be restricted by the enabling articles of incorporation and legislation. The corporation's legal existence can be terminated by the state for failure to comply with these restrictions. Since the state defines the parameters of corporate existence, it would in my view be unreasonable for the corporation to expect that it is completely free to determine by itself whether it exercises its delegated powers in accordance with restrictions imposed by law."