Wendy Berman and Jonathan Wansbrough were part of The Law Reviews' Expert Panel 2015 and their Canada chapter in The International Investigations Review has now been published.

Contributors to this series are carefully selected local experts in their field of practice and the collection aims to put together accessible insights into different areas of law in the most significant jurisdictions worldwide.

Here are five reminders from the authors of things you should be aware of:

  1. Corporations, and their directors and officers, face a dense enforcement mosaic and increasing cooperation globally amongst law enforcement and regulatory authorities. Defending allegations of wrongdoing requires navigating a complex labyrinth of potential liability and strategic considerations. 
  2. During a criminal and quasi-criminal investigation, law enforcement agencies may exercise a range of powers, including searching corporate offices, searching and seizing electronic and other documents, and even engaging in electronic surveillance through the use of wiretaps. 
  3. In certain circumstances, Canadian authorities may assume jurisdiction over corporate misconduct occurring entirely outside the country. 
  4. Canadian authorities are increasingly following the lead of their US counterparts and turning to whistleblowers as a source of tips of potential wrongdoing. In addition to whistleblower protection, regulators, such as the Ontario Securities Commission and the Canada Revenue Agency, have even implemented programs to financially reward whistleblowers whose tips result in successful prosecutions. 
  5. Over the last few years, Canada has demonstrated a continued commitment to prosecuting both individuals and corporations for corporate criminal misconduct.  We can expect to see more high profile charges for foreign and domestic corruption and securities law violations in the future.

For a better understanding of Canada's enforcement regime and ways to proactively avoid escalating internal and external investigation costs, reputational damage and massive fines read the full chapter here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.