CULLEN COMMISSION OF INQUIRY INTO MONEY
LAUNDERING IN BRITISH COLUMBIA.
APPLICATION FOR PARTICIPANT STATUS ON BEHALF OF
‘THE GOVERNMENT OF CANADA,
Attorney General of Canada
Per: Jan Brongers
Judith Hoffman
Department of Justice
B.C. Regional Office
{900 — 840 Howe Street
‘Vancouver, B.C.
V6z. 289
‘Telephone: 604-666-0110
Facsimile: 604-666-1585
Email: jan.brongers@ijustice.ge.ca
Judith hoffman@ijustive.ge.ca
Counsel for the Government of CanadaAPPLICATION FOR PARTICIPATION BY THE GOVERNMENT OF
CANADA
1. The Government of Canada ("Canada") i supportive of the Cullen Commission of
Inquiry into Money Laundering in British Columbia (the "Commission") end
espectilly requests that it be granted the status of a participant a the inquiry (the
“Ioguiry") pursuant o setion 113) of the Public Inquiry Aer and section 3 ofthe
‘Commission's Rules for Standing
2 Canada will voluntarily participate in the Inquiry while taking into account the
consttational linits of @ commission of inguty created pursuant to provincial
legislation. In tis context, Canada will provide documents and facilitate the
atendance of witnesses in a manner which is consistent with the law including hat
regarding the protection of personal information, Canada is confident that such
participation, in cooperation with the Commission, wil assis the Commission in
being able to filly and appropriately discharge its mandate under its tems of
reference (the "Tens of Reference"
Canada’s Interest and Proposed Contribution
3. Counsel forthe Commission has advised counsel for Canada that the Commission
seeks to obtain nrmation relevant to its Terms of Reference ftom thee federal
agencies: the Royal Canadian Mounted Police (the "RCMP, the Office of the
Superintendent of Financia Institutions (OSE) and the Financial Transactions
and Reports Anclysis Centre of Canada (*FINTRAC").
4, Canada agrees with the Commission that the RCMP, OSFI, and FINTRAC may
have information relevant to its Terms of Reference as each of these federala
agencies has a role in combating money laundering activities. Specifically, the
RCMP has a faw enforcement role in respect of money laundering. OSFI plays a
regulatory role by promoting the adoption of policies and procedures designed t0
reduce the susceptibility of federally regulated financial institutions to being used
to launder the proceeds of crime. FINTRAC plays a financial intelligence
gathering and analysis role 10 help facilitate the detetion, prevention and
deterrence of money laundering activities. Accordingly, employees of these
agencies may have information that willbe of assstanee tothe Commission as it
cconduets the Inuity.
Furthermore, a5 federal government employees may be asked to testify at the
Inquiry, itis likely that thei interests and those of Canada in its capacity as their
employer will le affected by the findings of the Commission,
‘Canada’s participation would further the conduct of the Inquiry because Canada's
counsel can asst in organizing the atendance of witnesses and the collection of
documents. In particular, Canada proposes to facilitate the attendance of those
tzovernment employees who can assis the Commissioner in fuliling his mandate
and who have chosen to be represented by Canads counsel. Canada also
proposes 1 fcitate the production of documents that are helpful and relevant to
the Terms of Reference, while ensuring the protection of sensitive and privileged
information ftom potentially harmful disclosure
Canada respctlly submits tht it has satisfied all ofthe statutory criteria fr being
‘eranted participant status pursuant tos. 11(4) of the Public Jnguiry Act.Nature of Participation Sought
8 Further to section 12 of the Public guiry det and section 3 of the Rules for
Standing, Canala requests that it be permitted to have legal counsel attend
throughout the hearing, to make an opening address, present closing
stbmissions, 1 examine witnesses, to act as counsel for those federal Crown,
‘witnesses who wish to be so represented (with aight to object to inappropriate
questions), to make submissions on the relevance of questions and lines of
questioning, he relevance of exhibits, and to seck such orders ftom the
‘Commission as are appropriate
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
DATED AT VANCOUVER, this 9th day of September 2019.
LB
Jan Brongers
Judith Hoffinan
Counsel for the Government of Canada