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CDAS to Participate at Cullen Commission

CDAS has been granted standing to participate in the Cullen Commission of Inquiry into Money Laundering in British Columbia. The work of the Commission raises important legal principles and practice issues that will affect both members of the bar and the private citizens that CDAS members typically serve.

Through its participation, CDAS will seek to contribute to the Commission’s evaluation of traditional measures designed to combat money laundering including criminal investigation and enforcement techniques, criminal prosecutions, regulatory prosecutions, forfeiture mechanisms found within the Criminal Code, civil forfeiture proceedings and legislative reporting requirements.

As well, CDAS will seek to highlight the dangers associated with certain suggested innovations for targeting money laundering, such as unexplained wealth orders, that implicate the privacy rights of private citizens and may circumvent or contravene the presumption of innocence.

CDAS will also seek to express its concern that certain efforts to curb money laundering may result in members of the bar being encumbered with overreaching financial reporting and transparency requirements that threaten privacy rights, interfere with the solicitor-client communications, and diminish the independence of the bar.

In granting standing to participate, Commissioner Cullen ruled that the “participation of CDAS is likely to further the conduct of the Inquiry insofar as the Commission examines policies concerning criminal and administrative responses to money laundering that may impact lawyers and the solicitor-client relationship."

For more information on the Commission and CDAS's involvement, click here.

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