Bribery (Domestic)

The Criminal CodeA federal act codifying most criminal offences in Canada makes it an offence for someone to, directly or indirectly, give, offer or agree to give a loan, reward or gift, an advantage or benefit of any kind in consideration for cooperation, assistance, exercise of influence or an act or omission in connection with any matter of business with the government. It is also against the law to accept such offers. 

Government officials are not permitted to accept or agree to accept benefits from any person. The bribe does not have to be of significant monetary value. In fact, gifts or money may not be involved. A bribe can also be the promise of a favour such as a social or political benefit in return for a prohibited action. 

It is an offence to offer or accept a bribe with the intent:

• to interfere with the administration of justice; 
• to procure or facilitate the commission of an offence; or
• to protect from detection or punishment a person who has committed or who intends to commit an offence.

The Code prohibits the bribery of various officials including whose who:

• hold an office or appointment under the government;
• work in a civil or military commission;
• hold a position or is employed in a public department; or
• are appointed or elected to discharge a public duty.

Specific sections of the Criminal Code deal with the various officials who are the focus of the charges including:

Section 119 Bribery of judicial officers and members of Parliament or of provincial legislatures;

Section 120 Bribery of those employed in the administration of the justice and law enforcement officials;

Section 121 Bribery of government officials;

Section 122 Breach of trust by public officers; and

Section 123 Bribery of municipal officials.

You or the company you work for can be prosecuted. For a company to be convicted it must be proven the act was committed with the knowledge of a senior officer.

Private businesses can also face Criminal Code charges in certain circumstances. Under s.426 those who "directly or indirectly, corruptly gives, offers or agrees to give or offer" any reward, advantage or benefit of any kind as consideration can be prosecuted.

While bribery charges are prosecuted under the Code across Canada, Quebec is the only province that has its own Anti-Corruption Act. The Quebec government states the purpose of the Act is to "strengthen actions to prevent and to fight corruption in the public sector, including in contractual matters, and to enhance public confidence in the public procurement process and public institutions."

To win a conviction for bribery, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that a bribe was offered. It does not have to be accepted for a conviction to be registered. The Crown must show there was an illegal intent in the exchange. For example, if a small gift was offered as a goodwill gesture it may not necessarily be seen as a bribe by the court. Money, gifts or promises offered or made under duress may also be a defence. As well, payments made in good faith to cover expenses may not necessarily be a bribe. As with any case, the evidence will determine the outcome.

Bribery is treated as a Hybrid offenceAn offence the Crown can proceed with summarily or by indictment.. How the Crown decides to proceed will depend on the seriousness of the offence. A Summary offenceLess-serious criminal offences is for less serious crimes such as thefts under $5,000, while an Indictable offenceA more serious type of Canadian criminal offence. includes murder, sexual assault and aggravated assault and carry much harsher penalties upon conviction.

The penalty for bribery depends on which offence applies and how the Crown proceeds. Courts treat bribery and breach of trust seriously and often impose custodial sentences, particularly where public trust has been abused.

For the most serious forms of bribery, including bribery of a judge, a Member of Parliament, a senator, a member of a provincial legislature, or a justice, peace officerPeople involved in upholding justice, or person employed in the administration of criminal law under ss.119 and 120, the offence is strictly indictable. The maximum sentence is 14 years imprisonment. There are no mandatory minimum sentences.

For other bribery-related offences, including frauds on the government (s.121), breach of trust by a public officer (s.122), municipal corruption (s.123), selling or purchasing office (s.124), and secret commissions (s.426), the Crown can proceed by indictment or by summary convictionUsed for lesser offences. On indictment, the maximum sentence is 5 years imprisonment. If the Crown proceeds by summary conviction, the maximum is 2 years less a day in jail, a fine of up to $5,000, or both. There are no mandatory minimum sentences for any of these offences.

Sections 119 to 124 cover bribery and corruption involving public office: judicial officers and members of legislatures (s. 119), peace officers and officials in the administration of justice (s. 120), frauds on the government (s. 121), breach of trust by a public officer (s. 122), municipal corruption (s. 123), and selling or purchasing office (s. 124).

Secret commissions under s. 426 are different from bribery of public officials. They deal with private principal–agent relationships and commercial kickbacks.