July 11, 2017
An Ontario Court of Appeal ruling confirms that individuals can be convicted under Canada’s anti-bribery statute even if no bribe was actually paid, Osler partner Riyaz Dattu tells Financial Post. In his article, author Julius Melnitzer explains how the Court of Appeal upheld the conviction of Nazir Karigar under the Corruption of Foreign Public Officials Act by the Superior Court of Justice. According to the article, the appellate court decision clarifies that the application of the Canadian legislation is more broad than critics have said. Riyaz, a partner in Osler’s Competition/Antitrust Practice Group, explains.
“All that is required for conviction is an agreement or conspiracy among two or more individuals to offer a bribe to a foreign official,” Riyaz tells Financial Post. “It’s a clear indication from the court that it will not be receptive to technical arguments when there is a way to interpret the statute that is consistent with Canada’s international obligations.”
For more information, read Julius Melnitzer’s article “Appellate court ruling shows Canada’s anti-bribery law has teeth” in Financial Post.