Stéphane Eljarrat

Stéphane Eljarrat is a partner in Osler’s National Disputes group. Ranked Band 1 by Chambers Canada in White-Collar Crime and Government Investigations, he leads the firm’s White-Collar Defence practice and works closely with Osler’s market-leading Risk Management and Crisis Response team.

Known for his composed and focused approach, Stéphane represents corporate clients, institutions and their senior leadership in a wide range of criminal investigations and proceedings brought under competition, anti-corruption, anti-money laundering and other federal legislation. He serves as the North American regional representative of the Anti-Corruption Committee of the International Bar Association.

Stéphane advises Canadian and foreign corporations in complex, high-stakes trials, regulatory proceedings and associated appeals. He also advises clients on internal reviews, audits, crisis management and corporate governance issues, as well as the design and implementation of compliance programs.

Before moving to private practice, he served with federal Department of Justice’s RCMP Legal Services, in the National Tax Litigation Section and as a federal prosecutor prior to which he worked with the Québec Ministry of Public Safety and the Ministry of Revenue. Stéphane is fluent in French, English and Spanish.


Representative Work

  • Acted for Caisse de dépôt et placement du Québec in the context of a publicly disclosed investigation regarding one of its subsidiaries
  • Acting for 1068754 Alberta Ltd before the Supreme Court of Canada, the issue being whether a provincial statute, in and of itself and without any cross-jurisdictional formality, may authorize the administrative seizure of information and documents from an account maintained at a bank branch located in a foreign jurisdiction
  • Acted for the Canadian subsidiary of a foreign financial institution in connection with an investigation conducted by FINTRAC into alleged non-compliance of its reporting obligations
  • Acted for the former CEO of a publicly listed company in connection with securities violations charges
  • Acted for a foreign jurisdiction in connection with a corruption investigation
  • Acted for a corporation in the context of an internal investigation into allegations of sanctions violations
  • Acted for a foreign based organization in the context of allegations of spying activities by one of its former employees in Canada
  • Acted for a foreign publicly-listed corporation in the context of corruption allegations and prosecution in a third-party country. Provided advice for the benefit of one of its Canadian employees facing corruption charges in that foreign country
  • Acted for a Canadian publicly-listed company that had purchased a foreign company who was allegedly involved in illegal activities. Conducted a cross-border investigation to support the company’s litigation against its target in foreign courts
  • Acted for a public company and one of its employees in connection with an anti-trust investigation and prosecution
  • Acted for a construction company, in connection with charges laid by the Competition Bureau for alleged bid-rigging
  • Acted for a company that manages the wealth of a prominent Canadian family before the Federal Court of Appeal in a case dealing with the offshore investment fund property (“OIFP Rules”)
  • Acted for an institutional client in the context of an investigation by the Québec securities regulator into allegations of wrongdoings by employees of our client and other related persons. Osler also provided crisis management guidance as well as compliance and governance advice in connection with the foregoing
  • Acting for a Québec-based company, further to an investigation, led by the FBI, into allegations of, notably, fraud, criminal export control violations, as well as acting as illegal intelligence gathering. The foreign authorities represented by the Canadian government notably seized a significant volume of documents and information, which they are seeking to obtain through the MLAT scheme. Osler appeared on behalf of the client in in the Superior Court of Québec to challenge a sending order.Acted for an institutional client in the context of an internal investigation into corporate wrongdoing
  • Acting for a senior executive of a Canadian institution in connection with an RCMP investigation involving allegations of foreign corruption
  • Acted  for the Ad Hoc Committee of the Board of Directors of a Canadian publicly listed company in the context of allegations made by a short-seller, which, in addition to the proposed securities class action (which Osler successfully opposed), resulted in investigations launched by the Securities Exchange Commission (SEC) and the Autorité des marchés financiers (AMF). Crisis management advice was also provided
  • Acting for the Ad Hoc Committee of the Board of Directors of a Canadian company in the context of an internal investigation into corporate wrongdoings and foreign corruption. Crisis management advice is also provided
  • Acted for a Crown corporation in the context of Canadian DPA proceedings (remediation agreement) between Crown prosecutors and a major engineering, procurement, and construction company, stemming from an RCMP investigation into allegations of corruption in connection with the procurement of infrastructure services to our client
  • Advising a major financial institution in the context of an internal investigation launched as a result of a significant fraud perpetrated by a former employee, with the potential assistance of co-conspirators. Osler is also advising on related regulatory issues, providing crisis management, and coordinating police authorities matters. Osler also obtained Mareva, Norwich, and Anton Piller Orders in order to secure evidence and freeze assets
  • Acted  for an institutional client in the context of a review conducted by the Auditor General relating to compliance, governance and control issues following findings of wrongdoing.
  • Acting for an institutional client in the context of a penal investigation by securities regulators into alleged insider trading by one of its executives
  • Acted for our client, a major cryptocurrency trading platform, who was the subject-matter of an RCMP request for information and asset freezing orders in connection with an RCMP investigation for alleged violations of Canada’s Emergencies Act, the whole in relation to the so-called “Freedom Convoy”
  • Conducting an internal investigation on behalf of a Special Committee of the Board of our client, a renewable energy publicly listed company, into allegations of corporate wrongdoings by a senior executive
  • Acting for a major U.S. media outlet in connection with an investigation launched by the Commissioner of Canada Elections into alleged violations of political campaign financing laws and regulations
  • Acting for the former CEO of a subsidiary of a European publicly listed company. Osler is representing the client before the RCMP in the context of an international corruption investigation related to procurement contracts in Asia.
  • Acting for a global management consulting company in connection with a request by a parliamentary committee of the Canadian Parliament for documents and information regarding the work allegedly performed by a former ambassador for Chinese state-owned enterprises.
  • Acting for a high profile company in Latin America which was defrauded by a contractor. We are also advising the client on criminal law matters as well as assisting with asset recovery.

 

Latest Insights

  • Osler Update Jan 11, 2023

    White-collar crime enforcement in Canada: Making headway?

    En 2022, il y a eu des développements importants dans la réglementation et l’application de la loi sur le crime en col blanc.

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    White-collar crime enforcement in Canada: Making headway?
  • Blog Nov 21, 2022

    Québec Court of Appeal rules on consequence of voluntary disclosure of privileged information made to law enforcement in the context of an investigation

    On October 17, 2022, the Québec Court of Appeal in Centre universitaire de santé McGill c. Lemay (Lemay) held that the voluntary disclosure of...

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    Québec Court of Appeal rules on consequence of voluntary disclosure of privileged information made to law enforcement in the context of an investigation
  • Blog Oct 20, 2022

    Ransomware sentence indicative of cross-border cooperation in enforcement of white-collar crimes

    A United States court recently sentenced a Canadian citizen to 20 years in prison for his participation in the NetWalker ransomware attacks. The case...

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    Ransomware sentence indicative of cross-border cooperation in enforcement of white-collar crimes
  • Blog Jun 23, 2022

    Cullen Commission releases final report on money laundering in British Columbia

    On June 15, 2022, the Commission of Inquiry into Money Laundering in British Columbia led by the Honourable Austin F. Cullen as Commissioner (the...

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    Cullen Commission releases final report on money laundering in British Columbia
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Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in White-Collar Crime & Government Investigations (Band 1)
  • Best Lawyers in Canada: Recognized in Criminal Defence; Tax Law
  • Who’s Who Legal: Recognized in Investigations; Investigations (Canada)
  • Benchmark Litigation: Recognized as White Collar Crime/Enforcement 2021 & 2020 Lawyer of the Year; Recognized in Dispute Resolution; White Collar Crime; Commercial (Litigation Star)
  • The Canadian Legal Lexpert Directory: Recognized in Litigation – Corporate Tax

Media Mentions

  • Osler News Mar 26, 2024

    Stéphane Eljarrat returns to Osler’s Litigation group as a partner

    Osler welcomes Stéphane Eljarrat back to the firm’s Litigation group as a partner based in Montréal and Toronto to lead our Government...

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  • Osler News May 12, 2021

    Osler’s National Litigation team recognized at the Benchmark Canada Awards 2021

    Osler is proud to announce that our National Litigation team has been recognized at the 2021 Benchmark Canada Awards.

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  • Osler News Apr 12, 2021

    Osler shortlisted for eight 2021 Benchmark Litigation Canada Awards

    We have been shortlisted in eight categories for the 2021 Benchmark Litigation Canada Awards. The awards will take place virtually on May 12, 2021.

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  • Osler News Jan 31, 2020

    Osler partners with HEC Montréal, Caisse de dépôt et placement du Québec and Hydro-Québec on new ethics and compliance certification program

    Osler is proud to announce its partnership with HEC Montréal, Caisse de dépôt et placement du Québec and Hydro-Québec on a new ethics and...

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Community Involvement

  • Immediate past President, Barreau de Montréal, Liaison Committee with the Tax Court of Canada.
  • Barreau du Québec, former member of the Advisory Committee on Solicitor-Client Privilege.
  • Team Transparency International Canada, Legal Committee.

Speaking and Writing

Speaking Engagements

speaker 30/11/2021
“Challenges in Conducting Cross-Border Investigations”, New York City Bar International White-Collar Symposium
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speaker 11/11/2020
Taking Ownership: Board’s role in preventing, detecting and addressing corporate wrongdoing
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Published Work

  • Co-author, Anti-Corruption Canada: Trends & Developments, Chambers Global Practice Guides, 2021

Credentials

Education

  • Université de Montréal, LL.B.

Languages

  • French
  • English
  • Spanish

Professional Affiliations

  • American Bar Association
  • Transparency International Canada
  • International Association of Lawyers
  • Litigation Counsel of America
  • Canadian Bar Association
  • Canadian Tax Foundation
  • Chambre de Commerce et d’Industrie Française au Canada