• CFPOA May Not Give Canadian Courts Jurisdiction Over Foreign Nationals Outside Canada
  • June 30, 2014 | Author: Jason Wadden
  • Law Firm: Goodmans LLP - Toronto - Toronto Office
  • In the ongoing saga of the corruption charges involving SNC Lavalin, the Ontario Superior Court of Justice held that the Corruption of Foreign Public Officials Act (CFPOA) may not give Canadian courts jurisdiction to prosecute offences committed by foreign nationals who are not located in Canada unless they enter Canada or are extradited to Canada. Canadian courts have jurisdiction over offences with a connection to Canada, but this does not necessarily extend to persons who are outside Canada and are not Canadian nationals. While Chowdhury v. H.M.Q, 2014 ONSC 2635, imposes a potentially significant limitation on the scope of the CFPOA, it also reaffirms that Canada can prosecute CFPOA offenses against anyone who returns to Canada voluntarily or when Canada can “lay hands” on the accused through extradition.