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ARTICLE · 28 JULY 2017

Canada's Corruption of Foreign Public Officials Act Has Sharp Teeth And Long Arms

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Ontario's highest court, the Ontario Court of Appeal, issued a decision on July 6, 2017 in R. v. Karigar, which takes enforcement of foreign bribery to another level in Canada.

CanadaInternational Law
Cyndee Todgham Cherniak
Cyndee Todgham Cherniak
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Ontario's highest court, the Ontario Court of Appeal, issued a decision on July 6, 2017 in R. v. Karigar, which takes enforcement of foreign bribery to another level in Canada.  In 2013, Mr. Karigar was convicted of offering to bribe a foreign public official contrary to paragraph 3(1)(b) of the Corruption of Foreign Public Officials Act ("CFPOA").  Mr. Karigar appealed the conviction on three grounds:

  1. There was no sufficient connection to Canada to give the Ontario Court territorial jurisdiction over what occurred (the bribery);
  2. The Crown must prove an agreement between the accused and the foreign public official; and
  3. The trial judge erred in his application of the co-conspirators' exception to the hearsay rule and misapprehended some of the evidence.

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