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Abstract

This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in the fight against foreign bribery. The paper concludes with an examination of Canada’s 2014 anti-bribery legislation, the Extractive Sector Transparency Measures Act (ESTMA). Canada’s recent measures suggest it is ready to follow international leaders in enforcing foreign bribery. This will result in more prosecutions of Canadian individuals and corporations.

This article is helpful for readers seeking to learn more about:

  • foreign bribery, anti-bribery legislation, anti-bribery measures, corporate social responsibility, corruption, improper payments

Topics in this article include:

  • Transparency International, United Nations, OECD Convention, foreign bribery, facilitation payments, Bribe Payers Index, Corruption Perception Index, Global Corruption Barometer, UN Global Compact, Global Corporate Sustainability Report, TRACE, Extractive Industries Transparency Initiative, EITI Standards, Foreign Affairs and International Trade Canada, OECD Working Group, nationality jurisdiction principle, Anti-Corruption Unit, Bill S-14, SNC-Lavlin Group, self-reporting

Authorities cited in this article include:

  • Declaration Against Corruption and Bribery in International Commercial Transactions.

  • Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

  • Corruption of Foreign Public Officials Act, SC 1998, c 34

  • Extractive Sector Transparency Measures Act, SC 2014, c 39

  • Foreign Corrupt Practices Act

  • Bribery Act 2010, (UK) c 23

  • Inter-American Convention Against Corruption

  • OECD Convention Recommendations on Bribery in International Business Transactions

  • Criminal Code of Canada, RSC, 1985, c C-46

  • United Nations Convention Against Corruption

  • R v Watts / R v Hydro-Kleen Group Inc, [2005] AJ No 568

  • R v Niko Resources Ltd (2011), 101 WCB (2d) 118 (Alta QB)

  • R. v. Griffiths Energy International, [2013] AJ No 412 (ABQB)

  • R v Karigar, 2013 ONSC 5199