In a recent decision, the Supreme Court of Canada granted jurisdictional immunity to institutional members of the World Bank Group where Canadians had been charged under the Corruption of Foreign Public Officials Act (“CFPOA”) – see World Bank Group v. Wallace, 2016 SCC 15.
The court’s decision was jointly written by Justices Moldaver and Cote. The Supreme Court provided an introduction to its decision by stating that because corruption was a significant obstacle to international development, worldwide cooperation was needed to fight corruption. When international financial organizations, such as the World Bank Group, shared information gathered from informants across the world with the law enforcement agencies of its member states, they achieved what neither could do on their own. In consideration of this cooperation, member states often agreed to grant such international organizations immunities and privileges to preserve their independent operation.