OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE - Corruption and disobedience - Fraud on the government

Law360 Canada ( March 23, 2018, 1:28 PM EDT) -- Appeal from a judgment of the Ontario Court of Appeal setting aside the acquittal of Carson, who was charged with influence peddling. Carson agreed to use his government contacts to help H2O Professionals Inc. (H2O) sell water treatment systems to First Nations. In exchange, H2O promised to pay a commission to his then girlfriend on all sales of these systems to First Nations. After this agreement was made, Carson spoke to government officials at Indian and Northern Affairs Canada in order to promote the purchase of H2O’s products for use in First Nations communities. He was charged with influence peddling under s. 121(1)(d) of the Criminal Code. At trial, Carson took the position that his assistance was not “in connection with a matter of business relating to the government”. The trial judge agreed and acquitted him on the basis that First Nations, rather than government, decided whether to purchase the water treatment systems sold by H2O. The Court of Appeal allowed the appeal and substituted a conviction. The sole issue in this appeal was whether the assistance Carson promised to provide was in connection with “any matter of business relating to the government”....
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