Law:

Section:

Criminal law--- ----"Influence peddling", offence of [Criminal Code, R.S.C. 1985 (Canada), c. C-46, s. 121(1)(d)(i)]---Essential elements---Accused accepting benefits from a company as consideration for assisting the company in selling its products by using his Government contacts---Question as to whether assistance accused promised to provide was in connection with any matter of business relating to government---"Any matter of business relating to the government"---Meaning---Accused was former senior advisor in the Office of the Prime Minister---Year following his departure from this position, he agreed to use his government contacts to help a company sell water treatment systems to an indigenous community---In exchange, the company promised to pay a commission to accused's then girl friend---After the agreement was made, accused spoke to government officials in order to promote the purchase of company's products and sought to convince the relevant Government department to set up a project whereby it would fund the purchase of company's products to pilot them in indigenous communities---Section 121(1)(d)(i) of the Criminal Code (of Canada) criminalized the selling of influence in connection with any matter of business relating to the government---Accused was charged with influence peddling under S. 121(1)(d) and at trial, he took the position that his assistance was not in connection with a matter of business relating to the government---Trial judge agreed and acquitted him on the basis that the indigenous community, rather than Government, decided whether to purchase the type of water treatment systems sold by the company---Court of Appeal however, set aside the acquittal, and entered a verdict of guilty and remitted the matter to the Trial judge for sentencing---[Per Karakatsanis, JUSTICE(Majority view): held, that by criminalizing influence peddling, S. 121(1)(d) of the Criminal Code (of Canada) strived to preserve both Government integrity and the appearance of Government integrity; it helped ensure that Government activity was driven by the public interest and promoted confidence in the democratic process---Section 121(1)(d) created a conduct…

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