CANADA'S ANTI-MONEY LAUNDERING REGIME Daniel P. Murphy *

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117TH INTERNATIONAL SEMINARVISITING EXPERTS’ PAPERSG. Other Investigative ConductUndercover investigations are a routinefeature in Canadian law enforcement.Apart from the one-party intercept scenarioundercover operatives have few legalroadblocks to control their activity.Recently, the defence bar has seized uponthe R. v. Campbell and Shirose and itspredecessors to successfully argue that anypolice illegality taints an investigation andinures to the benefit of the criminaldefendant.The tainted police conduct shocks thecommunity’s standards of fairness. Theargument is that this conduct requires thecourt to enter a stay of proceedings. Thishas been argued in several cases. Mostoccurred before the recent amendment to462.31 creating a law enforcementexception. 43 The money launderingexception does not create exceptions forother unlawful conduct. The defencefrequently looks for unlawful activity toadvance a defence. Therefor investigatorsmust be aware of this concern.H. Profits or EvidenceFinally, what happens to the profits froma Canadian storefront money launderinginvestigation? Canada’s financialadministration provisions and the criminallaw 44 have another unexpected impactupon storefront money launderingoperations. The storefront operatorcharges the criminal for their investmentor cash conversion activity. If they did notthe criminal would be suspicious. Lawenforcement would like to re-invest thesecharges into the operation to help fund thestorefront’s costs. This is a problem.The realities are that the operation
States seem prone to an approach thatsuggests co-operation while investigatorscompete for budgets and media attention.The Attorney General of Trinidad andTobago advised the InternationalAssociation of Prosecutors, in a speech atOttawa, in September 1998, that nationshad to pool their sovereignties to protecttheir sovereignties. Free trade and theeasy movement of capital and informationmerely accelerates the need to actuallyadopt the Attorney General’s observation.RESOURCE MATERIAL SERIES No. 58302
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CANADA'S ANTI-MONEY LAUNDERING REGIME Daniel P. Murphy *

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