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2007 Assessment

Canada: Integrity Indicators Scorecard

Canada: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators   Score
70 Is there legislation criminalizing corruption? 100

Indicator and sub-Indicator Details

70 Is there legislation criminalizing corruption?
 
  70a: In law, attempted corruption is illegal.
 
Score: YES  NO score
  Comments:

References: - Sections 118 to 125 (contained in Part IV) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

- Subsection 80(f) (contained in Part IX) of the Financial Administration Act (R.S.C. 1985, c. F-11) -- [ LINK ]

  70b: In law, extortion is illegal.
 
Score: YES  NO score
  Comments:

References: - Section 346 (in Part IX) of the Criminal Code ( R.S., 1985, c. C-46 ) -- [ LINK ]

- Section 120 (contained in Part III "Code fo Service Discipline") of the National Defence Act (R.S., 1985, c. N-5) -- [ LINK ]

  70c: In law, offering a bribe (i.e. active corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: - Sections 118 to 125 (contained in Part IV) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

- Subsections 80(a) and (f) and section 81 (contained in Part IX) of the Financial Administration Act (R.S.C. 1985, c. F-11) -- [ LINK ]

Peer Review Comments: For example, the father of a Montreal city councilor was charged with fraud last September, after he was caught demanding money from a real estate developer in exchange for using his influence with the council to obtain a zoning change.

Also, an Immigration and Refugee Board (IRB) judge was suspended in October 2006, after being accused of offering to OK a South Korean woman's refugee claim in return for sexual favors. Steven Ellis, the Toronto-area judge, was charged with breach of trust, knowingly issuing a false document, and accepting a bribe in respect to a refugee application.

  70d: In law, receiving a bribe (i.e. passive corruption) is illegal.
 
Score: YES  NO score
  Comments:

References: - Sections 118 to 125 (contained in Part IV) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

- Subsections 80(a) and (f) and section 81 (contained in Part IX) of the Financial Administration Act (R.S.C. 1985, c. F-11) -- [ LINK ]

  70e: In law, bribing a foreign official is illegal.
 
Score: YES  NO score
  Comments:

References: - Corruption of Foreign Public Officials Act (1998, c. 34) -- [ LINK ]

  70f: In law, using public resources for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: - Sections 118 to 125 (especially section 121) contained in Part IV)) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

- Sections 2, 4 and 14 of the Conflict of Interest Act (2006, c. 9, s. 2) -- [ LINK ]

- Sections 2, subsections 3(2) and (3), and sections 8, 11, 13 and 16 of the Conflict of Interest Code for Members of the House of Commons -- [ LINK ]

- Sections 2, 10, 11, 13 and 18 of the Conflict of Interest Code for Senators -- [ LINK ]

Peer Review Comments: An RCMP probe was launched last summer into allegations liberal senator Raymond Lavigne used senate funds and an employee to do yard work at his home. The senator was also alleged to have asked the employee to "make misrepresentations" during the investigation. He was charged with fraud, breach of trust and obstruction of justice.

What's more, a recent audit report found the mayor of the Montreal borough of Outremont allowed managers to file expenses for alcohol, restaurant meals and private English lessons on his behalf. Charges are pending.

  70g: In law, using confidential state information for private gain is illegal.
 
Score: YES  NO score
  Comments:

References: - Section 4 of the Conflict of Interest Act (2006, c. 9, s. 2) -- [ LINK ]

- Section 2, subsection 3(2) and (3), sections 8, 10 and 11 of the Conflict of Interest Code for Members of the House of Commons -- [ LINK ]

- Sections 2, 10, 11, 12, 13 and 18 of the Conflict of Interest Code for Senators -- [ LINK ]

- Sections 118 to 125 (especially section 121) contained in Part IV)) of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

  70h: In law, money laundering is illegal.
 
Score: YES  NO score
  Comments:

References: - Section 462.31 (in Part XII of the Criminal Code (R.S., 1985, c. C-46) -- [ LINK ]

- Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2000, c. 17) -- [ LINK ]

  70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.
 
Score: YES  NO score
  Comments:

References: - Sections 465 to 467.2 (contained in Part XIII) of the Criminal Code ( R.S., 1985, c. C-46 ) -- [ LINK ]

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