Transparency International Canada is pleased to share the result of TI Canada's and TI Secretariat's successful intervention at the Supreme Court of Canada in World Bank Group v. Kevin Wallace et al. in support of whistleblower protections and global anti-corruption efforts. In a landmark decision that has bolstered the protection of whistleblowers on the international stage, the Supreme Court unanimously overturned the lower court's decision and ruled that the World Bank Group’s privileges and immunities conferred under Canadian law shield the World Bank Group from having to produce its investigative files to defendants in a Canadian criminal proceeding. A copy of the Supreme Court of Canada's decision is available here.The case involved a prosecution in Canada under the Corruption of Foreign Public Officials Act resulting from an investigation by the World Bank Group’s Integrity Vice Presidency (INT) unit into allegations of bribery and corruption by Canadian nationals in Bangladesh. The INT’s investigation began as a result of information provided by four whistleblowers. In the decision below, the Ontario Court of Justice ordered that the World Bank was required to produce its investigative files, notwithstanding that the World Bank had been conferred immunity under Canadian law and had provided assurances to the whistleblowers that their identities would never be revealed.The Supreme Court of Canada granted TI Canada and TI Secretariat intervener status in support of the World Bank’s appeal of the lower court's decision. At the hearing of the appeal, TI Canada and TI Secretariat argued that global anti-corruption efforts cannot be successful without full-bodied protections for whistleblowers, who play a critical role in exposing corruption, fraud, mismanagement and other wrongdoing, often at serious personal risk. TI Canada and TI Secretariat also argued that a broad recognition from the Supreme Court of Canada of the privileges and immunities that Canada grants to international organizations is essential to Canada’s continued participation in the fight against corruption, and that cooperation between international organizations and domestic Canadian law enforcement could be compromised if those privileges and immunities were not given full meaning.The Supreme Court of Canada upheld a broad interpretation of the World Bank Group’s privileges and immunities, and explicitly recognized that requiring the World Bank Group to produce its investigative files “could have a chilling effect on collaboration with domestic law enforcement.” The decision will have an international impact and will facilitate continued cooperative anti-corruption efforts among non-governmental organizations and law enforcement agencies.TI Canada and TI Secretariat were represented in the appeal at the Supreme Court by Mark Gelowitz and Geoff Grove of Osler, Hoskin & Harcourt LLP. A video recording of the hearing (with TI Canada's and TI Secretariat's submissions beginning at the 75 minute and 50 second mark) can be found here.
