QUICK TAKEAWAY
Bribery (Domestic): While Canada consistently ranks as one of the least corrupt countries in the world, bribery of officials does occur and it is a crime that could land you in prison for up to 14 years. Canada has different ways to deal with the offence. Domestic bribery and corruption is punishable under the Criminal Code starting at s.120. Foreign Bribery is governed by the Corruption of Foreign Public Officials Act (CFPOA).
Generally, bribes are offered to gain some kind of influence, valuable consideration or advantage. The crime could involve an individual giving a police officer $100 to tear up a traffic ticket or a corporation paying a government official for help to rezone a property for redevelopment. If you offer or accept a bribe, you can face charges and the law does not require that an actual gift be received or a payment be made. The simple act of offering or agreeing to accept a payment or gift could lead to a conviction. You can also be charged with giving or receiving a bribe in private business. Both individuals and companies can be held liable for prosecution.
Table of Contents:
What is Bribery?
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."
What is Needed to Convict
To win a conviction for bribery, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubt 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.
Treated as a Summary or Indictable Offence
Bribery is treated as a Hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence. 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 offenceIndictable offences are more-serious criminal offences includes murder, sexual assault and aggravated assault and carry much harsher penalties upon conviction.
Penalties for Bribery
The penalty for bribery will depend on the circumstances of the case. Courts take bribery and breach of trust cases seriously and will hand out harsh sentences in an effort to deter the public. You can be fined and/or jailed upon conviction for bribery with prison terms ranging from between five to 14 years.
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Glossary of Legal Terms
Criminal Code
The Criminal Code is a federal statute that defines and sets out punishments for most of the criminal offences that the Parliament of Canada has enacted.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary offence
Summary offences are less-serious criminal offences such as disturbing the peace or unlawful assembly
