New research by Prof. Joanna Harrington examines victim redress in foreign corruption cases

The latest publication by Professor Joanna Harrington, an expert in transnational criminal law at the University of Alberta Faculty of Law, provides guidance on how Canada can and should provide redress for overseas victims of foreign corruption.

Her article, “Providing for Victim Redress within the Legislative Scheme for Tackling Foreign Corruption,” appears in the Dalhousie Law Journal.

From the abstract: “This article examines the prospects for victim redress for the corporate commission of foreign corruption, using Canada as a case study. Such cases are typically addressed by negotiated settlements, with Canada’s new “remediation agreement” regime embracing an intention to provide “reparations for harm done to victims or to the community.” Further work, however, needs to be done on defining who is a victim, with the SNC-Lavalin affair having focussed much attention on employees, pensioners and shareholders, with barely a mention of the overseas victims of the alleged crimes. To this end, the article examines comparable efforts undertaken in England to ensure the interests of the overseas victims of economic crime are taken into account. The creation of a fund to which the financial penalties for foreign corruption could be directed to support the provision of development assistance to affected foreign countries is also considered.”

Joanna Harrington is the Eldon Foote Chair in International Business and Law at the University of Alberta. She is also a part-time member of the Canadian Human Rights Commission. A law professor for 20 years, her teaching and research activities focus on matters at the intersection of national and international law.