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Finance committee They did not opine specifically on money laundering. The majority view was that the list of offences should be limited to serious economic crimes. Money laundering where a predicate offence is a bribery or a fraud would be part of that. At the same time, there also were some conc
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee Thank you.
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee Thank you very much for the question. The offences that are included in the schedule are all of the nature of what we would call serious economic crimes, such as frauds and bribery, under the Criminal Code and also under the Corruption of Foreign Public Officials Act, foreign bri
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee I can explain the duty to inform victims. Our instructions from cabinet were to provide for victim reparations along the lines of what exists now in the Criminal Code. The challenge with doing that is that under this regime, the charge may be laid at a later stage, so it may not
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee Yes, certainly. I'd be happy to explain it. The amendment is by way of clarification of the policy intent, which was to require the prosecutor to give notice to victims as soon as practicable in the circumstances. The way it's written right now is somewhat confusing, because it
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee I suppose that's a bit of a subjective question. We felt that the rest were fairly clear. As I mentioned the last time, there was a lot of detail in this regime that's by way of guidance. A lot of it's taken from regimes that we have seen in other countries, so we didn't propose
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee We're saying that this amendment clarifies the policy intent because after having been questioned about it, we realized it could be misleading.
May 23rd, 2018Committee meeting
Ann Sheppard
Finance committee Are you talking about the range of the financial amount or those in the schedule of offences?
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee There is a range. They can range, but they can be fairly significant, such as that for foreign bribery, as was mentioned, which is a 10-year sanction, and there are unlimited fines. Again, this is a regime that applies to companies that have been accused, and the companies have
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee The company can through them, but it's the company, so the company can't be imprisoned. But you're right that obviously the actions would be committed by an individual, and the company would have an obligation to identify the individual so that individual could be prosecuted. It'
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee That's right. It has an obligation to make its best efforts to identify implicated individuals.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee The prosecutor has to be convinced that negotiating the agreement is in the public interest and appropriate in the circumstances, and then there are a series of factors the prosecutor has to consider in determining whether that's the case. There are the circumstances in which the
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee It came as a result of a public consultation. It was a Government of Canada consultation, as I mentioned, that had two discussion streams. It was a broad consultation. There were NGOs, accountants, business associations, prosecutors, small and medium-sized enterprises, so there w
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Do you mean the remediation agreement?
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee It would be up to whoever was delegated the authority to negotiate them and to determine that.
May 8th, 2018Committee meeting
Ann Sheppard