Canadian Competition Law and Paralegal Professional Conduct


Canadian Competition Law and Paralegal Professional Conduct

This is to be written as a research paper, please use footnotes to cite your resources. The details of the assignment are below. Note that this assignment pertains to Canadian Competition Law and Canadian Paralegal Professional Conduct. 1. You are counsel to Client A. Client A has discovered that several of its employees were engaged in pricing discussions with their counterparts at competitor companies for the purposes of fixing prices. Client A has applied for and received immunity pursuant to the Competition Bureau’s Immunity Program. As counsel you are about to conduct interviews of the relevant employees of Client A. What precautions should you take at the outset of these interviews and why? Please describe the steps you would take and provide authority (case law, statute and/or regulatory agency guidelines) for these steps. Please assume that you are interviewing the relevant employees of Client A for the first time to discuss their potentially illegal conduct. The stage of the immunity, gathering of evidence or interview preparation is not critical to the answer the question seeks to evoke. For the purposes of the question you can assume Client A has received a marker and you, as counsel to Client A, are gathering information to proffer to the Competition Bureau. The question is: what precautions (from a professionalism/ code of professional conduct perspective) should you take at the outset of these employee interviews? There is a step that is important to take and there is case law which supports taking this step. 2. Prior to this witness interview, a forensic image is taken of the witnesses’ computer and mobile devices in order to gather evidence of the pricing discussions with their competitor companies. Please explain the difference between taking a copy of the computer and collecting a forensic image.

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