FAQ 9a: What laws were potentially broken in the negotiation?

Some commentators have expressed concern that there were laws broken during the negotiations. Which laws are relevant?

Section 119 of the criminal code (Bribery of judicial officers, etc.):

119. (1) Every one who

(a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, corruptly

(i) accepts or obtains, (ii) agrees to accept, or (iii) attempts to obtain,

any money, valuable consideration, office, place or employment for himself or another person in respect of anything done or omitted or to be done or omitted by him in his official capacity, or

(b) gives or offers, corruptly, to a person mentioned in paragraph (a) any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by him in his official capacity for himself or another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Consent of Attorney General

(2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.

R.S., c. C-34, s. 108.

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