CityHallWatch has covered previous activities by the International Centre for Criminal Law Reform and Criminal Justice Policy (http://icclr.law.ubc.ca/icclr, twitter @theicclr). A new program is about to begin, and it will be of interest to many of our readers, including people who are following issues of development, real estate, elections, and campaign finance reform. Content below is compiled from recent e-mails from ICCLR.
Transparency International Canada has embarked on an initiative to co-sponsor an innovative new Anti-Corruption Law Program, in partnership with the Peter A. Allard School of Law at UBC and the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR).
A document (PDF: anti-corruption-law-program-brief-description-2016-17) summarizes the overall program, which will begin on September 22, 2016. Basic information on several upcoming events follows.
“Canada’s New Integrity Regime”: September 22, 2016 – TI Vancouver Discussion Group Meeting, 4 pm to 7 pm. Location – BC Hydro building, 333 Dunsmuir St. Admission free to invitees who are pre-registered. Advance registration required. Write John Ritchie at firstname.lastname@example.org.
“Follow the Money: Corruption, Money Laundering and Organized Crime”: October 28, 2016 – Conference on organized by the International Centre for Criminal Law Reform (ICCLR). Location – UBC Robson Square and via webinar for remote locations. Early bird and group discounts available. Info/registration: http://cvent.com/d/svq7yg?sms=2 .
“Developing Robust Internal Compliance Programs”: November 24, 2016 – Vancouver Discussion Group Meeting, 4 pm to 7 pm, . Location- Offices of Deloitte, Bentall Four. Admission free to invitees who are pre-registered.
“TI Canada International Anti-Corruption Day – Day of Dialogue”: December 9, 2016 (tentative). Location TBD. Cost approximately $300. Special registration instructions will be provided in October.
More information (from anti-corruption-law-program-brief-description-2016-17) on “Canada’s New Integrity Regime” Vancouver Discussion Group event by Transparency International Canada, Sept 22, 2016.
This will be the first event of the innovative new Anti-Corruption Law Program – a partnership involving TI Canada, the Peter A. Allard School of Law at UBC and the International Centre for Criminal Law Reform (ICCLR), also based at UBC.
The theme of the September 22 meeting will be the role of debarment programs in general as an anti-corruption tool, with specific reference to “The Government of Canada’s New ‘Integrity Regime’.” Under this regime, which has been developed by Public Works and Government Services Canada (PWGSC), a company can be debarred from doing business with PWGSC for up to 10 years if it or an affiliate are convicted (or possibly even charged) with a listed offence in Canada or some jurisdictions outside Canada.
The keynote speaker will be Milos Barutciski, Partner, Bennett Jones and until recently a Board member of TI Canada.
Milos will discuss the anti-corruption role of debarment programs in other jurisdictions, and will then trace the origins of the Integrity Regime and efforts made by TI Canada and others to encourage the Government of Canada to modify the Regime to make it more effective as a means of encouraging good corporate behaviour. In its initial form, the regime was viewed by many as a draconian and unproductive form of punishment. The Regime has been modified somewhat, but many believe that further changes are required.
Milos will be joined on a panel following his presentation by two very experienced professionals – Mike Savage, Partner, Ernst & Young Toronto, and Sean Hecker, Partner, Debevoise & Plimpton, New York. Mike is the practice leader for fraud investigation and dispute services for Ernst & Young in Canada. Sean is an experienced trial lawyer whose practice focuses on white collar criminal defense, internal investigations and complex civil litigation. Mr. Hecker has conducted many internal investigations of alleged FCPA violations and regularly advises companies on anti-corruption compliance.
More on all the activities.
A brief description of the nine public education events that comprise the Program is provided below:
1. The Government of Canada’s New Integrity Regime
Early Evening Seminar (September 22, 2016) BC Hydro Head Office, 333 Dunsmuir St, Vancouver This early evening seminar, organized by the Vancouver Discussion Group of TI Canada, will examine the on-going evolution of Canada’s “Integrity Regime”, which seeks to establish a transparent, open, and ethical process for public procurement by the Government of Canada. Milos Barutciski, a leading legal practitioner in anti-corruption law and corporate compliance at Bennett Jones LLP, will be the keynote speaker, supported by a well-informed panel.
2. Follow the Money: Corruption, Money Laundering and Organized Crime Conference
Full Day Conference (October 28, 2016) UBC Robson Square, Vancouver This conference will be organized by ICCLR and the International Society for the Reform of the Criminal Law. It will examine a number of topics, including modes of international and local corruption (including in the construction and property development sectors) and money laundering, with a particular focus on activities and effects in Western Canada. Speakers will include: Professor Margaret Beare, Osgoode Hall Law School, York University; Professor Gerry Ferguson, University of Victoria Faculty of Law; Professor Yvon Dandurand, University of the Fraser Valley; RCMP Inspector Calvin Chrustie; Dr. Peter German, former RCMP Deputy Commissioner for Western Canada; Kevin Gillese, Legal Counsel, BC Ministry of Justice; and Vancouver lawyers Don Sorochan, QC, Maegen Giltrow, and Natalie Baker.
3. Corporations in the Era of Compliance – Developing Robust Internal Compliance Programs
Late Afternoon Seminar (November 22 or 24, 2016) Deloitte office, 28 floor, 1055 Dunsmuir Street, Vancouver This event, organized by the Vancouver Discussion Group of TI Canada, will examine current trends, best practices, and legal requirements pertaining to corporate anti-corruption compliance systems, including due diligence, training, reporting, and ongoing monitoring obligations.
4. International Anti-Corruption Day – Day of Dialogue . Day Conference (December 9, 2016) location TBD
This event, organized by TI Canada, will offer a program that reflects experience with the annual Day of Dialogue that is held each year in Toronto. The focus of this event will be the release by TI Canada of a special report on beneficial ownership of companies in Canada. Panel discussions on other issues related to corruption and transparency will complete the program.
5. Recent Law Reforms in Transparency and Accountability Within the Canadian Mining Industry
Luncheon Seminar (January 22, 23, or 24, 2017) location TBD This luncheon seminar, which will be organized with a number of Program collaborators including the Allard School of Law, will highlight recent statutory developments in Canada that create a legal obligation on companies in the extractive sector to publicly report all payments made to governments, both domestic and foreign. This event will take place in conjunction with the “Mineral Exploration Roundup 2017” hosted by the Association for Mineral Exploration British Columbia, the largest annual gathering of the mining industry of BC, which will be held in Vancouver on January 23–26.
6. Detection of Corruption: Recent Developments in Whistleblowing Programs of the U.S. Securities and Exchange Commission and the Ontario Securities Commission
Early Morning Seminar (Late February 2017) location TBD This morning seminar organized by the Centre for Business Law (Allard School of Law) will explore recent initiatives in whistleblowing, with particular emphasis on the Ontario Securities Commission’s recently announced whistleblower program, which seeks to encourage the reporting of serious securities-related misconduct.
7. Avoiding Corruption in P3 Infrastructure Projects in the 21st Century
Late Afternoon and Evening Seminar (late March 2017) location TBD This late afternoon/early evening session will be organized by the Allard School of Law with the support of other organizations from UBC, government, legal and consultancy firms, TI Canada, and leading associations in the business community in Canada. This session will explore the evolving landscape of P3 infrastructure projects; how P3 partners can avoid corruption in such projects; and how statutory and contractual legal norms and rules, as well as new systems of monitoring, can help to avoid corruption in P3 infrastructure projects.
8. Fighting Corruption in International Development Early Evening Seminar (April 27, 2017) location TBD This seminar will feature a number of speakers in a panel format encouraging an interactive dialogue. Leading practitioners with international development experience will discuss the nexus between effective systems of anti-corruption law and international development.
9. Collective Action in Combatting White-Collar Crime
Two-Day Colloquium (June 9 and 10, 2017) location TBD This Colloquium format session will serve as the culminating event of the Program. The Colloquium will be organized by the three lead Program collaborative organizations. This event will take the form of a “colloquium”, with all participants invited to share their insights and participate actively in the discussion. A broad range of topics will be explored, including money laundering, asset recovery, sentencing, international anti-corruption instruments, corruption in sport, and other rapidly evolving areas of activity subject to legal reforms. The over-arching theme of the Colloquium will be the need for all relevant public and private actors to take “Collective Action” in the fight against corruption and how this Collective Action can be supported by public policy, law reform, and strategically applied financial support.
Finally, this event will provide an opportunity to reflect on the entire experience of the Program’s successes in its pilot year (2016–2017) as well as to solicit suggestions for improvement of the Program in future years. At this point, the organizations that have been involved at the Pilot Phase of the Program will have a clear understanding of what the Program entails and will have been given a real opportunity to help shape the Program going forward. The idea is that participant groups will see themselves as not only the client group of the Program, but also collaborative co-creators and supporters of the Program. It is anticipated that many of the organizations that will have sent participants to attend the inaugural Program will be amenable to playing a more robust hosting role for year two of the Program. In this way the Program will be well positioned to become self-sustaining on a cost-recovery basis by year two of its operation.
Funding Support for the Program
The Program has been awarded $10,000 in seed funding from the Franklin Lew Innovation Fund, administered by the Allard School of Law at UBC. In addition, we are seeking supplemental funding support from corporate sponsors, the Government of Canada, and other research foundations, although the precise quantum and timing of that funding has yet to be confirmed.