Supreme Court of Canada Weighs in on International Corruption Investigations

Domestic prosecutions of international corruption cases are inherently challenging. In Canada, there has only been one guilty verdict following trial under Canada’s equivalent of the FCPA, the Corruption of Foreign Public Officials Act (CFPOA), in addition to a number of pre-trial guilty pleas. The lack of civil enforcement and resolution options for foreign corruption violations makes Canadian anti-corruption enforcement more challenging – the state must always meet the higher standard of proof required in criminal prosecutions. The Supreme Court of Canada was recently called upon to consider the application of the CFPOA in the context of a criminal trial and the disclosure obligations of the state to the accused. In a guest article, Mark Morrison and Michael Dixon, partners at Blake, Cassels & Graydon, and Alexandra Luchenko, an associate there, analyze that case, World Bank v. Wallace, and its effect on the enforcement landscape. See “The Essentials of the New Canadian Anti-Corruption Requirements” (Mar. 20, 2013).

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