Canadian Anti-Corruption Law and Compliance, 2nd Edition
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Corruption and bribery of public officials is a fact of life and also almost a way of life in many countries around the world and in Canada. Canadian businesses and professionals are not free from the threat of domestic or foreign corruption in the many touch points where they are required to deal with public, government officials. From local building inspectors to foreign government licensing officials, corruption rears its ugly head everywhere businesses deal with public officials.
The problem of corruption is not pervasive but also pernicious. "A recent survey performed by a global business consulting firm discovered that only 50 per cent of senior corporate executives are ‘"highly confident'" that business control systems are managing their organizations' business risks effectively." *
* William P. Olsen, The Anti-Corruption Handbook: How to Protect Your Business In the Global Marketplace
Written in a detailed and clear manner, this book is comprehensive, informative and yet very readable. The second edition of Canadian Anti-Corruption Law and Compliance adds a completely new chapter on domestic corruption, international anti-corruption laws, and how to conduct an investigation. The chapter on compliance programs has also been significantly enhanced.
The substantive law content has been expanded by completely new coverage of the Criminal Code provisions dealing with the bribery, influence peddling and corruption of domestic public and government officials. The focus on relevant sections of the Corruption of Foreign Public Officials Act (CFPOA) have also been extended to the Criminal Code. The practice "how to" section will be very helpful for In House Counsel, Chief Compliance Officers and their staff, and external compliance consultants and counsel.
- Analysis of corruption cases decided under the and the CFPOA
- Recommendations on best practices for companies to run ethical and lawful operations around the world
- Ten practical steps to establish an effective anti-bribery and anti-corruption compliance program
- A comparative look at anti-corruption laws in the U.S., U.K. China, Mexico, Japan, Germany, South Korea, Hong Kong, the Netherlands and France
New in this Edition
- Updated introductory chapter provides an overview of the problem of corruption and the evolution of the law regarding corruption of foreign public officials' laws internationally
- New examples of corruption of domestic public officials under the Mulroney, Chretien and Harper, McGuinty, and Wynne governments
- New section which explains why the corruption of public officials matters
- New chapter which provides a review of domestic corruption offences under the Criminal Code – offering a greater understanding of the laws that address the corruption of public officials within Canada, as opposed to foreign public officials
- A detailed and succinct clause-by-clause review and analysis of CFPOA in addition to detailing the elements of the bribery and books and records offences and the six different ways that the books and records offence may be committed
- Updates the description of the various procedural issues, stages and legal rights that an accused has to deal within a prosecution under the CFPOA (i.e. further elaboration of key constitutional law cases and an accused's rights, which includes an accused corporation or individual under the CFPOA or Criminal Code)
- Updated chapter on Penalties, Punishment and Probation
- New section on the penalties for a violation of the corruption offences in the Code
- Updated section explaining how sentencing corporations has evolved in light of new case law since 2012 (R. v Duffy, R v Griffiths Energy International, R v. Karigar)
- Updated section on probation and the corporate offender with new case law since 2012
- New case law on the terms of corporation probation which illustrates a comprehensive application of the corporate probation terms in the Code
- Updates on important corruption cases under the provisions of the Code and CFPOA which features 8 additional cases, with analysis of each
- Updates to designing programs and management systems for anti-corruption compliance chapter include
- New section on the ISO 370001 Anti-Bribery Management System
- New section on ten practical steps to establish an effective anti-bribery and anti-corruption compliance program
- New chapter on International Anti-Corruption Laws and Enforcement reviews the respective anti-corruption laws in the top 10 countries which Canada exports it's good and services to
- New chapter on receiving, investigating and resolving corruption complaints which reviews whistleblower laws in Canada, the United States, and globally
- Also contains practical tips for conducting an internal investigation and handling government investigations; best practices for establishing and managing whistleblowing systems; and it explores various resolution options
Who Should Read This Book?
- In-house counsel – Advise your executives and officers on what is permissible and what isn't, when it comes to dealing with foreign business officials overseas
- Compliance officers and risk management professionals – Analyze, communicate and monitor the exposure of unexpected losses
- Lawyers in private practice – Stay on top of the latest laws on anti-bribery, and learn how to defend against prosecutions under the CFPOA
- Business Executives, Leaders, and Board of Directors who are responsible for corporate governance, ethics and social responsibility of corporate practices, both domestic and foreign
- Law schools and academics – Taught as part of courses on international law, business school ethics and corporate governance, risk management and compliance, in Canada and internationally
Table of contents
Chapter 1: Introduction
Chapter 2: Domestic Corruption Offences under the Criminal Code
Chapter 3: Foreign Corruption Offences under the CFPOA
Chapter 4: Prosecution of Corruption Offences
Chapter 5: Defences to CFPOA Charges
Chapter 6: Penalties, Punishment and Probation
Chapter 7: Important Domestic and Foreign Corruption Cases
Chapter 8: International Anti-Corruption Laws and Enforcement
Chapter 9: Programs and Management Systems for Anti-Corruption Legal Compliance
Chapter 10: Receiving, investigating, and resolving corruption complaints
Appendix 1: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
Appendix 2: Corruption of Foreign Public Officials Act
Appendix 3: Foreign Corrupt Practices Act (U.S.A.)
Appendix 4: Bribery Act (2010) (U.K.)
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