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Corruption in Canada: Reviewing Practices From Abroad to Improve Our Response

Corruption in Canada: Reviewing Practices From Abroad to Improve Our Response

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Published by Paisley Rae
2013 Corruption in Canada Reviewing Practices from Abroad to Improve our response
2013 Corruption in Canada Reviewing Practices from Abroad to Improve our response

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Published by: Paisley Rae on Jan 29, 2013
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Corruption in Canada:Reviewing Practices from Abroadto Improve Our Response
The International Centre for Criminal Law Reform andCriminal Justice Policy (ICCLR) /Le Centre international pour la réforme du droit criminelet la politique en matière de justice pénale (CIRDC)
1822 East Mall, Vancouver, B.C. / C.-B. V6T 1Z1 CANADATel / Tél: + 1 (604) 822-9875 Fax / Téléc: + 1 (604) 822-9317Email / Courriel: icclr@law.ubc.cahttp://www.icclr.law.ubc.ca
 
 
Corruption in Canada:Reviewing Practices from Abroad to Improve Our Response
Eileen Skinnider
Director of Human Rights and ResearchInternational Centre for Criminal Law Reformand Criminal Justice Policy
March 2012
This research report was made possible by the funding and support received from the Department of Justice Canada. We are pleased to share this information with you and encourage you to use thisdocument for research purposes. Please ensure that all credits are acknowledged when using all orany of the information in this document. Commercial reproduction is strictly prohibited.The views and opinions expressed herein are those of the author and do not represent anyoverarching official policy or opinion on the part of either the Canadian government or theInternational Centre for Criminal Law Reform and Criminal Justice Policy. The author would like tothank Ms. Annemieke Holthuis and Professor Gerry Ferguson who reviewed drafts of this paper andprovided comments. Finally, the information presented and any errors or omissions are solely theresponsibility of the author.
 
 
1
Corruption in Canada:Reviewing Practices from Abroad to Improve Our Response
Introduction
The impact of corruption and the associated costs to society are better understood today than eventwo decades ago.
It’s been said that we are now in a “new world of international anti
-corruption
standards and enforcement”.
1
The last twenty years have seen a fundamental shift in attitudes aboutcorruption.
2
This is reflected in the increased efforts at the international and national levels to reduceand fight corruption. Some countries have introduced broad jurisdictional reach in theircriminalization of transnational official bribery and others have expanded and updated their domesticbribery laws, pursuant to treaties or simply due to an enhanced focus on combating corruption.
3
 Canada, like many other States, is confronted with the challenge of determining how best to respondand effectively combat corruption. The perception of Canada as an honest corrupt-free society isslipping, somewhat.
It is telling that Canada’s
ranking on the Transparency International (TI)Corruption Perceptions Index has gone from 6
th
place out of 183 countries in 2010 to 10
th
place in2011.
4
Further, from another TI Survey, we see Canada going from being tied for first place in 2008for honesty abroad to being tied for sixth place in 2011.
5
Another survey by TI shows that Canadiansthink corruption is on the rise and that the government is not doing enough to stop it.
6
 With the establishment of a commission of inquiry into alleged corruption in the constructionindustry in Quebec, the media reports regarding federal spending related to the G20 summit in 2010,the Mulroney-Schreiber affair, the sponsorship scandal and the recent criticism by the OECD WorkingGroup of 
Canada’s
poor enforcement record relating to bribery of foreign public officials, questionsarise including whethe
r Canada’s current legal framework and policies are sufficient to combat
corruption.
7
In particular, what impact does this expansion of transnational and domestic laws haveon Canadians and Canadian companies? How does the Canadian legal framework fare in comparisonwith this complex compliance and enforcement environment? What can we learn from othercountries to improve our own legal response?
1
International Bar Association
“Report o
 f the Task Force on Extra-
Territorial Jurisdiction” 
Chapter 4: Bribery and Corruption, February 6, 2009 at p. 202.
2
 
Omphemetse Sibanda “The South African corruption law and bribery of foreign public officials in international business transa
ctions: A comparative
analysis” (2
005) 18 S. Afr. J. Crim. Just. 1.
3
IBA Task Force report,
supra
note 1 at p. 202.
4
Transparency International Corruption Perceptions Index, retrieved from http://cpi.transparency.org/cpi2011/.Accor
ding to TI, “the index scores 183
countries and territories from 0 (highly corrupt) to 10 (very clean) based on perceived levels of public sector corruption. It uses data from 17 surveysthat look at factors such as enforcement of anti-corruption laws, acc
ess to information and conflicts of interest”.
5
The TI Bribe Payers 2011 Index, retrieved from http://bpi.transparency.org/.The TI Index is a self reporting poll of 3000 business executives from 30 countries around the world who were asked to talk confidentially about bribes paid to foreign governments or companies. The Globe and Mail,
“Canadaloses ground in bribery ranking” 
6
 
“Canadians think corruption is on the rise: survey” 
7
Further questions about the resourcing and implementation of prevention, prosecution and other enforcement issues are not the focus of this paper.

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