Category: Business Crimes Investigations & Compliance

New Due Diligence Guidance for Responsible Business Conduct

February 7, 2017

After several months of consultation and deliberations, the Organisation for Economic Co-operation and Development (OECD) rendered public a revised draft Guidance on Due Diligence for Responsible Business Conduct (RBC Guide). Comments on the draft may be provided to the OECD by February 9, 2017. Draft revisions will be carried out over the next few months with the proposed adoption of…

RCMP Charge Calgary Man with Conspiracy to Bribe Thai Officials

December 6, 2016

The Royal Canadian Mounted Police (RCMP) have recently laid charges against the president of a Canadian commercial aircraft company under the federal Corruption of Foreign Public Officials Act (CFPOA), for allegedly conspiring to bribe Thai public officials. It is alleged that this individual conspired to bribe Thai military officials in relation to a proposed deal involving a commercial aircraft from…

Dropping the Dime: Risks of Giving Evidence to Canadian Securities Regulators

May 19, 2016

Canadian securities regulators often cooperate with their counterparts abroad due to the increasingly global nature of securities regulation. Canadian securities regulators have entered into several agreements or memoranda of understanding with foreign regulators to facilitate cooperation and exchange of information. This cooperation raises an issue with respect to subsequent use abroad of evidence compelled by Canadian securities regulators. Witnesses in…

World Bank v. Wallace: SCC Endorses Importance of International Anti-Corruption Efforts

May 4, 2016

On April 29, 2016, the Supreme Court of Canada (SCC) upheld archival and personal immunities of an international organization (the World Bank Group) and its anti-corruption investigators. The SCC’s decision in World Bank Group v. Wallace (World Bank) will allow state and non-state actors to continue cooperating in the increasingly active global fight against corruption. The decision indicates that Canada’s…

Amendments to the Integrity Regime – A Step in the Right Direction

April 27, 2016

On April 4, 2016, Public Services and Procurement Canada (PSPC) (formerly known as Public Works and Government Services Canada) made a number of important amendments to the Integrity Regime governing procurement and real property transactions with the Government of Canada. The Integrity Regime was unveiled in July 2015 and replaced its much maligned predecessor, the Integrity Framework. For a discussion…

Mike Duffy Acquittal Sheds Light on Criminal Code Corruption Offences

April 25, 2016

Last week’s acquittal of Senator Mike Duffy on fraud, corruption and bribery offences shows Ontario courts will not find “corrupt” intent lightly. The decision underscores the importance of subjective criminal intent in proving corruption offences and makes it clear that one cannot be tricked or coerced into committing these offences, while at the same time raising a warning about the…

Legal Trends 2016: Litigation & Dispute Resolution

February 29, 2016

ONE | INCREASING POWER OF ADMINISTRATIVE TRIBUNALS In 2016, regulated persons in Canada are increasingly likely to find themselves facing prosecution before tribunals, rather than in courts, and facing significant exposure to monetary penalties in those proceedings. Administrative monetary penalties have become popular with regulators but controversial among regulated persons and legal observers. In recent years, both federal and provincial…