Canada, crime control and co-opting legal counsel: canvassing the confidentiality crisis

Author: Gallant, M.M.

Source: Journal of Financial Crime, Volume 10, Number 4, 2003 , pp. 308-315(8)

Publisher: Emerald Group Publishing Limited

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Abstract:

Traces the development since 1989 of the Canadian anti-money laundering framework, which involves the obligation on lawyers to report suspicious transactions and not inform the client about this disclosure; previously, it was not an offence to disguise the criminal origin of assets, but the Canadian regime is now one of the world?s broadest. Reports the resistance of the Canadian legal community to involvement in the campaign, partly because the regime is so broad, confusing and cumbersome; it requires significant investment in documentation and is hazy about the distinction between knowledge and suspicion. Critiques the legislative framework, the solicitor - client relationship and the tension between this confidentiality and the reporting function, including the exceptions to the general rule of confidentiality if it is in the public interest.

Keywords: Canada; Crime; Laws and legislation; Lawyers; Money laundering; Privacy

Document Type: Research article

Publication date: 2003-10-01