Highlights

One of our practitioners authored leading texts in the field including Corporate Crime and Accountability, Workplace Health & Safety Crimes, Insider Trading in Canada, and Canadian Anti-Corruption Law and Compliance.

White Collar Defence and Investigations

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Criminal and regulatory investigations and charges as well as prosecutions of businesses, their directors and their officers can have a potentially severe impact upon corporations, their executives, employees and shareholder value. Likewise, criminal investigations and charges against government officials and others in high-profile positions can be devastating. 

Our team has the necessary resources to effectively manage multi-jurisdictional white collar crime cases and investigations. We represent clients from the moment the authorities commence investigations through representation in court or before the relevant tribunal. In addition, our team has experience representing clients in parallel regulatory and civil proceedings, which frequently occur alongside criminal investigations. 

We have been retained to conduct internal investigations on behalf of corporations or organizations where some wrongdoing may exist, and to advise on remedial measures to prevent such situations from ever occurring or recurring. We respond to client emergencies on very short notice ‘24/7/365’, including providing crisis management advice, on-site representation and investigations, dealing with and challenging search warrants and search orders, interviews given under statutory compulsion, challenging administrative orders and money penalties (AMPs), and other government and regulatory action that puts the assets, documents and reputation of the corporation at immediate risk.

White collar crime and regulatory matters can cover a wide range of substantive legal issues, including charges under the Criminal Code, Corruption of Foreign Public Officials Act, Competition Act, Income Tax Act and a variety of Canadian federal and provincial securities, occupational health and safety (OHS), environmental, technical standards and public safety statutes as well as equivalent statutes in the multiple international jurisdictions in which we practice.  

Complemented by extensive experience in corporate social responsibility (CSR), defamation and reputation management, elections and lobbying regulatory compliance, securities, corporate governance, international trade, mining, employment, communications and procurement, Fasken Martineau’s White Collar Defence and Investigations lawyers have defended clients in high-profile and potentially damaging actions.

Our clients also benefit from the team’s extensive network of relationships, including with investigating authorities, outside criminal counsel (who can assist related parties), public relations (PR) experts, forensic accountants and forensic computer experts. Backed by the strength of our internationally recognized complex commercial litigation practice and trial expertise, clients can count on our White Collar Defence and Investigations Group to defend them in all of the courts within the various jurisdictions in which we practice.

Our Clients

We act for a wide variety of clients in both the public and private sectors, including multinational Fortune 500 companies, large public and private companies, governments, smaller businesses and individuals. Our clients benefit from our sound principles and strategic advice. We collaborate with our clients to identify business goals, address key issues and develop the best litigation strategy while adhering to disciplined budgeting early in the process. To succeed on our clients’ behalf, we place solutions ahead of problems and outcomes ahead of process.

Our Expertise

  • Search warrants and search orders, interviews given under statutory compulsion, administrative orders and money penalties (AMPs), and other government and regulatory action
  • Defending companies facing investigations and prosecutions for price-fixing and bid-rigging offences
  • Defending clients facing investigations under the Income Tax Act
  • Defending clients facing investigations and Canada Elections Act
  • Foreign corrupt practices legislation
  • Defending corporations and individuals faced with investigations and prosecutions arising from fatalities, serious workplace injuries and environmental matters
  • Internal investigations and on-site representation
  • Criminal and Regulatory law compliance and risk mitigation
  • Pro-active internal investigations into Criminal and Regulatory law contraventions and compliance under the protection of solicitor and client privilege
  • Risk management
  • Crisis management
  • Whistle-blowing
  • Defamation and reputation management

Primary Contacts

Co-Leader
+1 604 631 4908
Co-Leader
+1 613 696 6886
+1 604 631 3115
+1 403 261 5358
+1 416 868 3441
+1 416 868 7824
+1 514 397 5137
+1 418 640 2011
+27 11 586 6020