To Bribe or Not to Bribe — A Less than Ethical Dilemma, Resolved?

Bribery of public officers has been an offence under Canada's criminal law since its codification in 1892. That offence and a collection of other little‐used provisions are intended to serve as a bulwark against the corruption of Canadian public officials. Until recently, however, the bribery of a foreign public official was not accorded similar, or any, treatment in Canada's criminal law. This void existed despite passage of the Foreign Corrupt Practices Act (FCPA) in the USA in 1977. The American legislation passed unanimously in both Houses of Congress, part of the post‐Watergate attempt to cleanse America government of unethical behaviour and illegal conduct. It also came after a large number of high‐profile companies admitted to bribing foreign officials in order to obtain large government contracts.