Nazir Karigar was found guilty in August 2013 of agreeing to
offer a bribe to an Air India and another Indian government
official, contrary to Canada's Corruption of Foreign Public
Officials Act (CFPOA). Karigar has not yet been sentenced, but he
faces up to five years imprisonment.
Three companies have previously pleaded guilty under the CFPOA,
but this is the first case to go to trial and the first conviction
of an individual under the CFPOA.
The Court found that the action required to prove the
"agrees" element of a bribery offence is a conspiracy to
pay a bribe and a belief that a bribe was paid to a foreign public
official. Any agreement between two people to make or offer a bribe
The Crown is therefore not required to prove that a bribe was
actually paid to a foreign public official who had the ability to
offer a business advantage, making it easier to prove a bribery
offence because it may be difficult to prove a foreign official
agreed to receive a bribe, that the official actually received the
payment, or the identity of the recipient.
The Court also took a broad interpretation of the "real and
substantial link" test to take jurisdiction over the case,
citing Karigar's residency in Canada, the Canadian business
connection, and the fact that many documents and emails were seized
This case was important for the Crown to see how the judiciary
would interpret the CFPOA. Given the broad interpretation of the
elements of the offence of bribery, and the recent amendments to
the CFPOA, we expect that the Crown will increase prosecutions of
both individuals and corporations for bribery and the new books and
records offence under the amended CFPOA.
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