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...