Xaidsart lawyers Gerald Chan and Nader Hasan have written an op-ed on the landmark Supreme Court of Canada decision, World Bank Group v. Wallace, in the Report on Business section of today’s Globe and Mail. That case involved the prosecution of SNC-Lavalin executives under the Corruption of Foreign Public Officials Act (CFPOA). The Supreme Court held that the World Bank Group, which conducted the original investigation before sharing its information with the RCMP, has immunity from orders requiring it to produce its documents to the court. The authors argue that this ruling will have ramifications for all CFPOA prosecutions going forward. International organizations like the World Bank Group are on the frontlines of international anti-corruption efforts. The Court’s decision will likely embolden them to continue sharing information with domestic law enforcement. The Court’s decision will also raise challenges for the right to a fair trial. If the international organization is in possession of exculpatory information and the defence has no way of compelling its production, the defence may need to seek alternative remedies from the trial judge.
Xaidsart was counsel to the B.C. Civil Liberties Association, which intervened in this appeal.
Click here to read the op-ed.
