GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2022

Status

Accepted

Abstract

In 2019, SNC-Lavalin made global headlines after it was revealed that the Canadian Prime Minister, Justin Trudeau, had interfered in the prosecution of the company for the bribery of Libyan officials. Although the scandal was primarily viewed as political, it also highlighted flaws in Canada’s Integrity Regime; specifically, the regime’s unworkable and draconian approach to debarment. This Article will address the pressing need in Canada to modify its debarment remedy and enact a system that more effectively protects the government’s interests. To illuminate the current issues facing Canada’s Integrity Regime, this Article will begin by examining Canada’s debarment system, outlining the various iterations of the Integrity Regime. The Article then examines the debarment policies of a more mature and flexible debarment regime, focusing on Canada’s neighbor and trading partner—the United States. It considers the history of this regime and outlines the scope of debarment officials’ roles in this more forward-looking system. The Article next considers the repercussions of Canada’s current approach to debarment, using the SNC-Lavalin affair as a case study. The Article concludes by recommending that Canada implement a discretionary debarment regime allowing government officials to make decisions that are in the best interest of the Canadian government and the population that it governs.

GW Paper Series

2022-15

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