World Bank Immunity Upheld By Supreme Court Of Canada

The Supreme Court of Canada has upheld the immunity status and independence of international organizations by rejecting an attempt by a group of accused individuals to compel personnel of the World Bank Group to appear in court and produce various documents.

The implication for organizations and individuals subject to a World Bank Group probe is that they are unlikely to receive the content and details of such an investigation if charges are ultimately laid. This could significantly impact the ability of an accused to challenge the fairness of an investigation or its integrity, and could impede the assertion of Charter rights and equitable remedies. The same is likely true for investigations conducted by other international bodies with immunity.

The World Bank Group v. Wallace, et al. (2016 SCC 15) decision arose in the context of a criminal proceeding under the Corruption of Foreign Public Officials Act where four parties are charged with offences as a result of an investigation triggered by a series of tips. The tips were received by a branch of the World Bank Group — a third party to the prosecutions — responsible for investigating allegations of fraud, corruption, and collusion with respect to projects financed by the World Bank Group. Wiretap authorizations were subsequently granted to the RCMP on the basis of information provided by the World Bank Group. In order to challenge the wiretap authorizations, the respondents sought to examine two senior investigators at the World Bank Group and compel production of documents in their possession by way of subpoena. Neither of the investigators complied with the subpoenas, causing the accused parties to bring this application for an order requiring production of the requested documents and for validation of the subpoenas.

No representative of the World Bank Group appeared at the application hearing, nor was any evidence filed by it, leaving the Crown prosecutor to assert immunity on its behalf. The trial judge ultimately ordered production of various documents in the hands of the World Bank Group and validated the subpoenas. Since the decision affected the rights of a third party to the criminal proceedings, the decision was appealed by the World Bank Group, with leave, directly to the Supreme Court.

The Supreme Court decided that the documents sought were protected by an "archival immunity," while the subpoenas were invalid on the basis of a "personnel immunity." The applicability and...