Canadian Lawyer

May 2018

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 8 51 that time, only one prosecution had come out of the CFPOA since its enactment. In 2011 alone, the U.S. had reported 227 and Germany 135, according to an article in the Western Journal of Legal Studies. The lone Canadian conviction pro- duced a fine of $25,000 and involved HydroKleen, the Alberta air conditioner service company. The bribe, which was $28,299, was more than the fine. Since then, Canada armed the CFPOA with amendments, stiffening penalties, adding an offence for falsifying books and records, widening jurisdiction for Canadi- an authorities and eliminating the exemp- tion for facilitation payments, which came into force last year. In 2014, the Extractive Sector Transpar- ency Measures Act became law, requiring large extractive companies to report pay- ments made to foreign governments or those performing government functions. The Liberal government also created the Canadian Ombudsperson for Responsible Enterprises to encourage lawful practices from Canadian corporations abroad. Other than HydroKleen's 2005 convic- tion, the CFPOA's record includes Nazir Karigar, convicted in 2013 for bribing Indi- an officials to get a contract from Air India for the technology firm Cryptometrics. Also in 2013, Griffiths Energy Internation- al Inc. pleaded guilty to bribing Chadian officials to expand their oil business in that country and paid a $10.35-million penalty. In 2011, Niko Resources Ltd. also pleaded guilty to bribing a Bangladeshi official with a trip to North America and the use of a Toyota Landcruiser and was sanctioned $9.4 million. Kristine Robidoux is senior compli- ance and regulatory counsel at Gran Tierra Energy. From 2004 until 2008, she ran a consulting firm specializing in transna- tional risk in bribery, fraud and corruption. From 2008 to 2017, she was with Gowling WLG International and founded its global business integrity practice. She represented Niko Resources and Griffiths Energy in their CFPOA cases. Robidoux says Canada is getting seri- ous about enforcing foreign corruption. "Absolutely, I think the government and the enforcement agencies are not only get- ting serious about enforcing it, but I think that they're understanding the phenomena of transnational crime," Robidoux says. "They're understanding it better. They're learning how to investigate it better. They're becoming much more effective at co-oper- ating with their international counterparts. So, overall . . . I would say they're absolutely becoming more effective." In 2008, the RCMP created two teams to investigate foreign bribery and inter- national corruption, one in Calgary and one in Ottawa. In 2013, the International Foreign Bribery Taskforce was established, in which the RCMP works with the FBI, Australian Federal Police and the U.K. National Crime Agency. Since the CFPOA's enactment, Global Affairs Canada has released an annual report on the act's implementation. In 2014, there were 27 investigations ongo- ing. The report for 2016 stated there were 10 active investigations underway, but the 2017 report did not provide that statistic. RCMP media relations contact Tania Vaughan told Canadian Lawyer via email that the 14 agents in Calgary and Otta- © 2017 Thomson Reuters Canada Limited 00248AY-A89519-CM AVAILABLE RISK-FREE FOR 30 DAYS Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 New Publication To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg Editors: Benjamin L. Berger, Emma Cunliffe, and James Stribopoulos Print + ProView Order # L7798-8083BE-65203 $96 Softcover + ProView eBook approx. 300 pages December 2017 L7798-8083BE ProView Only Order # A00252-17ON-65203 $80 Print Only Order # L7798-8083-65203 $80 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. With the passing of Justice Marc Rosenberg in 2015, Canada lost one of its finest judges and most influential legal minds. Inspired by Justice Rosenberg's legacy, this unique work brings together leading practitioners, academics, and judges for a probing exploration of the key issues and central themes facing the administration of justice in Canada today. To Ensure that Justice is Done: Essays in Memory of Marc Rosenberg is both a tribute to a brilliant career and an indispensable resource for all those concerned with the ways in which we seek justice in and through the law.

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