The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Articles By Topic

By Topic: Canada

  • From Vol. 6 No.4 (Mar. 1, 2017)

    Growing Pains in the Evolution of Canadian Anti-Corruption Enforcement

    While Canada has been historically less active than its neighbor to the south when it comes to anti-corruption enforcement, it has shown increased signs of life over the last few years. However, Canadian enforcement efforts suffered a major setback with the recent Ontario Superior Court of Justice decision, R v. Wallace, in which CFPOA charges were dismissed after the Court ordered the exclusion of the prosecution’s wiretap evidence – the foundation of the Crown’s case. In a guest article, Mark Morrison and Michael Dixon, partners at Blake, Cassels & Graydon, and Liam Kelley, an associate there, discuss the case and what companies can expect from Canadian anti-corruption enforcement going forward. See “Supreme Court of Canada Weighs in on International Corruption Investigations” (Jun. 1, 2016).

    Read Full Article …
  • From Vol. 5 No.11 (Jun. 1, 2016)

    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).

    Read Full Article …
  • From Vol. 4 No.1 (Jan. 7, 2015)

    Navigating U.S. and Canadian Economic Sanction Landmines

    Anti-corruption and economic sanctions regimes frequently overlap -- both anti-corruption laws and government sanctions are key consideratons when doing business overseas.   A recent program presented by the Momentum Events Group as part of its AML & Economic Sanctions Compliance Assembly discussed: important elements of the U.S. and Canadian economic sanctions regimes; the current status of sanctions against Iran, Russia and Ukraine; and compliance tips for assuring that businesses do not run afoul of existing sanctions.  The program featured Daniel Chapman, Chief Compliance Officer and Counsel at Parker Drilling Company; Vincent DeRose, a partner at Borden Ladner Gervais; and J. Scott Maberry, a partner at Sheppard Mullin Richter & Hampton.  For a comprehensive look at U.S. sanctions enforcement and effective compliance programs, see “FCPA and OFAC Compliance Essentials,” The FCPA Report, Vol. 3, No. 20 (Oct. 8, 2014). 

    Read Full Article …
  • From Vol. 3 No.13 (Jun. 25, 2014)

    Canadian Anti-Corruption Enforcement Ramps Up with First CFPOA Sentence and Three More Charged

    In another move signaling a stepped-up Canadian anti-bribery enforcement regime, the Royal Canadian Mounted Police has charged three former Cryptometrics executives, two American and one British, with violating the Corruption of Foreign Public Officials Act (CFPOA), the Canadian analog to the FCPA.  These charges follow the May 2014 sentencing of Nazir Karigar to three years in prison for CFPOA violations related to the same case.  Karigar’s was the first conviction under the 1999 law, which was amended and strengthened last year, and the sentencing decision provides insight into how Canadian courts treat corruption.  See “The Essentials of the New Canadian Anti-Corruption Requirements,” The FCPA Report, Vol. 2, No. 6 (Mar. 20, 2013).

    Read Full Article …
  • From Vol. 3 No.5 (Mar. 5, 2014)

    Troubled SNC-Lavalin Appoints New CCO

    SNC-Lavalin, the Canadian construction and engineering giant, has been mired in corruption allegations and charges for years.  Many of its executives face corruption charges and many of its affiliates are included on the World Bank debarment list.  Among its continuing efforts to turn the page on these scandals, the company recently appointed a new CCO, David Wilkins.  The FCPA Report examines that appointment, SNC-Lavalin’s corruption troubles and some of the steps it has taken to fix them.  See also “Doing Business with the World Bank: Understanding and Avoiding Debarment,” The FCPA Report, Vol. 2, No. 10 (May 15, 2013).

    Read Full Article …
  • From Vol. 2 No.6 (Mar. 20, 2013)

    The Essentials of the New Canadian Anti-Corruption Requirements

    The anti-corruption regime in Canada is likely about to get a lot stronger, significantly impacting the enforcement risks for Canadian companies operating at home and abroad.  In February of this year, a bill was introduced in the Canadian Parliament to significantly amend Canada’s Corruption of Foreign Public Officials Act (CFPOA).  The decision to strengthen the CFPOA comes on the heels of significant criticism leveled against the Canadian government over the past several years for its lack of anti-corruption enforcement.  The amendments are expected to pass the legislature in the near future.  In a guest article, Mara V.J. Senn and Mauricio Almar, partner and associate, respectively, at Arnold & Porter LLP, discuss the proposed amendments, how they will impact Canadian companies and others subject to the CFPOA, and draw comparisons and contrasts with the FCPA.

    Read Full Article …
  • From Vol. 2 No.2 (Jan. 23, 2013)

    Combating Bribery North of the 49th: A Wake-Up Call for Companies Doing Business in Canada

    Legislatures around the world have passed laws prohibiting bribery of foreign public officials.  The FCPA has received significant public attention due to a number of high-profile prosecutions.  However, the Canadian equivalent to the FCPA – the Corruption of Foreign Public Officials Act (CFPOA) – historically has not been a significant concern for businesses with a connection to Canada.  But this is changing.  In the face of mounting international pressure, Canadian authorities have sent the message that they will enforce Canadian anti-corruption laws and pursue significant penalties against companies that have provided bribes to government officials.  In a guest article, Mark Morrison and Michael Dixon, partner and associate, respectively, at Blake, Cassels & Graydon LLP, outline the substantive elements of the CFPOA with a view to comparing and contrasting Canada’s foreign anti-corruption scheme with the FCPA, and comment on Canadian enforcement trends, which have escalated in recent times, and which the authors expect will continue to increase.

    Read Full Article …
  • From Vol. 2 No.2 (Jan. 23, 2013)

    In Possible Sign of Escalation of Canadian Anti-Bribery Enforcement, Griffiths Energy Agrees to Pay $10.35 Million to Resolve CFPOA Charges

    In line with many predictions about the imminent increase in what has been historically weak Canadian anti-bribery enforcement, Calgary-based Griffiths Energy International Inc. has pled guilty to violating the Corruption of Foreign Public Officials Act, Canada’s analogue to the FCPA.

    Read Full Article …