Canada has taken some heat recently for failing to aggressively pursue corrupt business practices, including the bribery
of foreign officials. Canada’s Corruption of Foreign Public Officials Act came into law in 1999, making bribery a crime, but very few have been charged under this law. An article by Barrie McKenna in the Globe and Mail highlights some of the scrutiny Canada faces, as the US and the UK beef up their anti-bribery enforcement and punishments. The article raises the fact that it would be comforting to believe that bribery doesn’t take place in Canada or by Canadian companies, but it’s improbable.
McKenna discusses one of the loopholes in the Corruption of Foreign Public Officials Act, stating:
“The problem is that to make a charge stick, prosecutors must show a “real and substantial link” to Canada. It’s the so-called “territoriality” principle. Most other developed countries, including the United States and Britain, apply a nationality test that allows them to go after one of their own, wherever the offence is committed.”
Read More: “Time to tighten Screws on Corruption of Foreign Officials”