Guy Pinsonnault 

Co-Chair, White Collar Defence and Government Investigations
Ottawa  t: 613.691.6125  |  e: guy.pinsonnault@mcmillan.ca
Montréal  t: 514.987.5063

Guy Pinsonnault

Ottawa
World Exchange Plaza, Suite 2000
45 O'Connor Street
Ottawa, Ontario K1P 1A4

t: 613.691.6125
e: guy.pinsonnault@mcmillan.ca

overview

Guy Pinsonnault is a partner in the firm's Competition and White Collar Defence and Government Investigations Groups. His practice includes the full range of competition, white collar crime and Canadian business regulation, litigation and advisory work, with a particular focus on Canadian and international cartel and commercial crime matters.

Prior to joining McMillan, Mr. Pinsonnault was the General Counsel, Competition Law Section, Public Prosecution Service of Canada, from 2004 to 2012. His work as the senior prosecutor at the Competition Bureau focused mainly on the prosecution of criminal cartel matters, as well as bid-rigging and fraudulent misrepresentation, in many of the major contested competition prosecutions in that period. He also provided extensive advice in the development of the Competition Bureau policies and programs in the criminal field (e.g. the Immunity and Leniency Programs) and advised on Bureau policies and practices for search and seizure, wiretaps, immunity and plea agreements.

Mr. Pinsonnault has had extensive criminal law and competition law experience dealing with local, national and cross-border corporate crime investigations. His practice involved foreign corrupt practices, fraud, commercial crime and other white collar offences. His work included multi-jurisdictional files for the Competition Bureau with the United States Department of Justice Antitrust Division, as well as the RCMP Commercial Crime Division, the Integrated Proceeds of Crime Unit, and the Province of Quebec anti-corruption unit (UPAC). Mr. Pinsonnault has appeared before Superior courts, the Federal Court, the Court of Appeal of Quebec and the Supreme Court of Canada.

Mr. Pinsonnault started his career in 1980 as a provincial prosecutor in the province of Québec where he prosecuted cases that covered a wide range of criminal matters including fraud, white collar crimes, murder, sexual offences, robbery.

From 1990 to 2004, Mr. Pinsonnault was a prosecutor with Federal Prosecution Services, Justice Canada, where he prosecuted gang related drug cases, proceeds of crime and criminal organization offences, as well as criminal tax evasion.

The International Competition Network invited Guy Pinsonnault to participate as a non-governmental advisor at the Cartel Workshop in 2013 (Cape Town, Africa), 2014 (Taipei, Taiwan), 2015 (Cartagena, Colombia), 2016 (Madrid, Spain), 2017 (Ottawa) and 2018 (Tel Aviv, Israel). 

Mr. Pinsonnault has also been approved by Public Service and Procurement Canada to be an independent third party pursuant to the Integrity Regime to provide them expert advice in the Competition Law field and afterward regarding the fraud sections of the Criminal Code.

Presentations

Remediation/deferred prosecution agreements, monitor appointments, leniency programs & other investigation resolution outcomes
Discussion Leader
The Uncertain State of Immunity & Leniency
The state of leniency
ICN Cartel Workshop 2018 Mini Plenary 8: Fines – finding the right balance, Non-Governmental Advisor
2017-2018 ICN Cartel Working Group – SG1
ICN Cartel Workshop 2017 Breakout Session #11 - When civil servants go bad: what to do when a government procurement agency is involved in big-rigging
Panelist, Non-Governmental Advisor
Parental Liability
Whither Section 45? Criminal Conspiracies Under the Microscope
Speaker
Guilty Pleas 101 – The Nuts and Bolts of Guilty Pleas
Panelist
La Responsabilité des Organisations
Panelist
A Time for a Reboot? Exploring a Fresh Approach to Immunity and Leniency Programs
Speaker
CBA Speed Mentoring
Participant
Mini Plenary 3: NGA panel: Role of NGAs in advising leniency applicants in multinational cartel cases
Beyond the Boarders: Emerging Issues in Business Litigation Seminar, Crossing the Line When Crossing the Border: The Canadian and US Approaches to Combating Foreign Corruption
Search Warrants and Inspections: How You Can Reduce Risk and Be Ready to Respond?
Developing Effective Relations with Public Prosecutors – The Canadian Experience
Section 45 - Auto-Parts and Other Recent Developments
Cartel et collusion : perspectives pratiques
Section 45 (3) of the Competition Act: Use of Circumstantial Evidence to Prove Conspiracy
Making the Settlement Stick

Publications

Deferred Prosecution Agreements and the "National Economic Interest"
Cooperating Witnesses not Confidential Informers - Competition Bureau Updates Immunity and Leniency Programs under the Competition Act
Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019
Anti-Corruption 2019 Guide (Law & Practice section)
The Court of Appeal puts an End to 'Jail on the Couch' Sentences for Bid-rigging
Deferred Prosecution Agreements: Improving Corporate Compliance in Canada
A New Deferred Prosecution Agreement Regime in Canada
Deferred Prosecution Agreements - A New Canadian Regime
Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime
Getting the Deal Through (Canada Chapter) – Cartel Regulation 2018
Proposed Changes to the Competition Bureau's Immunity Program Will Undermine Effective Cartel Enforcement in Canada - Comments of McMillan LLP on the Consultation Draft dated October 26, 2017
Foreign Corruption: Canada Makes "Facilitation Payments" Illegal
Government of Canada Announces Public Consultation regarding Deferred Prosecution Agreements (DPAs)
Rigging the Bid: Finding Fraud in a Regulated Setting
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
Getting the Deal Through – Cartel Regulation 2017
Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
The Supreme Court finds that certain Search and Production Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are inapplicable to Legal Counsel
Warrantless Searches of Cell Phones upon Arrest are Lawful in Canada – but Strict Safeguards Apply
Blame It On Rio: Whistleblowing and World Football's Anti-Corruption Crisis
R. v. Pétroles Global: The First Judgment in a Decade to Apply the New Canadian Corporate Criminal Liability Regime
The Supreme Court Reiterates That a Mistake of Law Affords no Defence, But Opens a Discussion on a New Exception
The Supreme Court's decision in R. v Vu: a specific authorization is required to conduct the search of computer or cell phone data
What's new with the FAQs
The Quebec Superior Court releases the first ruling in Canada regarding the criminal liability of an organization since the 2004 Criminal Code Reform
"Calling All Whistleblowers" - the Competition Bureau's newest cartel-busting initiative

News

McMillan Competition and Antitrust Lawyers Accept Leadership Roles with the ABA
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
Chambers Global 2019 has ranked McMillan as a leading law firm in several practice areas
Chambers Anti-Corruption 2019 Guide: Canada
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
33 McMillan lawyers recognized in Who's Who Legal Canada 2017
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
McMillan lawyers recognized in Who's Who Legal: Canada 2016
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
Pierre-Christian Collins Hoffman and Guy Pinsonnault receive CBA's 2016 Bill Miller Memorial Award
McMillan Plays a Leading Role in the ABA Section of Antitrust Law
McMillan Plays a Leading Role in the CBA Competition Law Section
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan Co-Hosts Mergers Program With Bloomberg, New York State Bar Association, and CBA
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
Former Top Competition Bureau Prosecutor Guy Pinsonnault joins McMillan

Education

  • University of Ottawa, LL.L - 1979

Year Of Call

  • Called to the Ontario bar - 2011
  • Called to the Quebec bar - 1980

Practices

competition and antitrust
anti-corruption and fraud
cartels
class actions
competition policy advocacy
marketing and advertising
unilateral conduct and distribution practices

Directorships and Professional Associations

  • Appointed to the Long Range Planning Committee, Antitrust Law Section of the ABA
  • Past Chair, Criminal Matters Committee, Canadian Bar Association, Competition Law Section (2015-2016)
  • American Bar Association - Member of the Section's International Cartel Task Force
  • Appointed Non-Governmental Advisor (NGA) to International Competition Network – ICN Cartel Working Group (2012-2018)

Awards & Rankings

  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized by Chambers Canada 2019 as a leader in Competition/Antitrust 
  • Named the Best Lawyers 2019 Competition / Antitrust Law “Lawyer of the Year” in Ottawa
  • Recognized in Best Lawyers in Canada 2019 as a leading lawyer in the area of Competition/Antitrust Law
  • Listed in Who’s Who Legal Canada: 2018 as a leader in Competition 
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
  • 2016 Bill Miller Memorial Award for Contributions to the Canadian Competition Law Review
  • Governor of the Fondation du Barreau du Québec
  • Recognized in Best Lawyers in Canada 2018 as a leading lawyer in the area of Competition/Antitrust Law
  • Recognized in Who's Who Legal: Canada 2017 as a leading lawyer in the area of Competition
  • Recognized in the Canadian Legal Lexpert Directory 2017 as a repeatedly recommended in the area of Competition Law
  • Recognized in Best Lawyers in Canada 2017 as a leading lawyer in the area of Competition/Antitrust Law
  • Recognized in Who's Who Legal: Canada 2016 as a leading lawyer in the area of Competition
  • Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Competition Law

Media Mentions

vcard

Guy Pinsonnault is a partner in the firm's Competition and White Collar Defence and Government Investigations Groups. His practice includes the full range of competition, white collar crime and Canadian business regulation, litigation and advisory work, with a particular focus on Canadian and international cartel and commercial crime matters.

Prior to joining McMillan, Mr. Pinsonnault was the General Counsel, Competition Law Section, Public Prosecution Service of Canada, from 2004 to 2012. His work as the senior prosecutor at the Competition Bureau focused mainly on the prosecution of criminal cartel matters, as well as bid-rigging and fraudulent misrepresentation, in many of the major contested competition prosecutions in that period. He also provided extensive advice in the development of the Competition Bureau policies and programs in the criminal field (e.g. the Immunity and Leniency Programs) and advised on Bureau policies and practices for search and seizure, wiretaps, immunity and plea agreements.

Mr. Pinsonnault has had extensive criminal law and competition law experience dealing with local, national and cross-border corporate crime investigations. His practice involved foreign corrupt practices, fraud, commercial crime and other white collar offences. His work included multi-jurisdictional files for the Competition Bureau with the United States Department of Justice Antitrust Division, as well as the RCMP Commercial Crime Division, the Integrated Proceeds of Crime Unit, and the Province of Quebec anti-corruption unit (UPAC). Mr. Pinsonnault has appeared before Superior courts, the Federal Court, the Court of Appeal of Quebec and the Supreme Court of Canada.

Mr. Pinsonnault started his career in 1980 as a provincial prosecutor in the province of Québec where he prosecuted cases that covered a wide range of criminal matters including fraud, white collar crimes, murder, sexual offences, robbery.

From 1990 to 2004, Mr. Pinsonnault was a prosecutor with Federal Prosecution Services, Justice Canada, where he prosecuted gang related drug cases, proceeds of crime and criminal organization offences, as well as criminal tax evasion.

The International Competition Network invited Guy Pinsonnault to participate as a non-governmental advisor at the Cartel Workshop in 2013 (Cape Town, Africa), 2014 (Taipei, Taiwan), 2015 (Cartagena, Colombia), 2016 (Madrid, Spain), 2017 (Ottawa) and 2018 (Tel Aviv, Israel). 

Mr. Pinsonnault has also been approved by Public Service and Procurement Canada to be an independent third party pursuant to the Integrity Regime to provide them expert advice in the Competition Law field and afterward regarding the fraud sections of the Criminal Code.

December 2018
Anti-Corruption 2019 Guide (Law & Practice section)

Chambers and Partners

October 2018
Deferred Prosecution Agreements: Improving Corporate Compliance in Canada

IBA Anti-Corruption Committee Website

September 2018
A New Deferred Prosecution Agreement Regime in Canada

The Lawyers Daily – LexisNexis

June 2017
Rigging the Bid: Finding Fraud in a Regulated Setting

Competition and Antitrust Bulletin

February 2017
Getting the Deal Through – Cartel Regulation 2017

Global Coordinating Editor; Canada Chapter

March 2015
The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses

American Bar Association Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter – Spring 2015

March 2015
Attaching Criminal Liability to Organizations for Anti-Competitive Offences: What Can Be Learnt From the Canadian Experience
Journal of European Competition Law & Practice (Oxford University Press), Vol. 6, Issue 3
December 2014
Warrantless Searches of Cell Phones upon Arrest are Lawful in Canada – but Strict Safeguards Apply
Competition Bulletin
Republished in the February 2015 edition of the Canadian Privacy Law Review
June 2014
R. v. Pétroles Global: The First Judgment in a Decade to Apply the New Canadian Corporate Criminal Liability Regime
The Marker, Criminal Matters Committee of the CBA National Competition Law Section
May 2014
The Criminal Liability of Organizations for Economic Crimes
Canadian Competition Law Review, Vol. 27, No. 1
September 2013
What's new with the FAQs
Competition Bulletin
June 2019
Remediation/deferred prosecution agreements, monitor appointments, leniency programs & other investigation resolution outcomes
Discussion Leader
Northwind's 2nd Internal and Enforcement Investigations Invitational Forum, Cambridge, Ontario
May 2019
The Uncertain State of Immunity & Leniency
Panelist
CBA Competition Law Spring Conference, Toronto, Ontario
March 2019
The state of leniency
Panelist
GCR Live - 4th Annual Cartels, Washington, DC
October 2018
ICN Cartel Workshop 2018 Mini Plenary 8: Fines – finding the right balance, Non-Governmental Advisor
Moderator
International Competition Cartel Working Group, Tel Aviv, Israel
March 2018
2017-2018 ICN Cartel Working Group – SG1
Speaker
Webinar on Parental Liability
October 2017
ICN Cartel Workshop 2017 Breakout Session #11 - When civil servants go bad: what to do when a government procurement agency is involved in big-rigging
Panelist, Non-Governmental Advisor
International Competition Cartel Working Group, Ottawa, Ontario
September 2017
Parental Liability
Speaker
ICN CWG SG1 Webinar
May 2017
Whither Section 45? Criminal Conspiracies Under the Microscope
Speaker
CBA Competition Law Spring Conference, Toronto, Ontario
January 2017
Guilty Pleas 101 – The Nuts and Bolts of Guilty Pleas
Panelist
CBA Criminal Matters Committee Brown Bag Session, Teleconference
November 2016
La Responsabilité des Organisations
Panelist
Édition Blais, Montréal, Québec
October 2016
A Time for a Reboot? Exploring a Fresh Approach to Immunity and Leniency Programs
Speaker
CBA Competition Law Fall Conference, Ottawa, Ontario
October 2016
CBA Speed Mentoring
Participant
Competition Law Fall Conference, Ottawa, Ontario
October 2015
Mini Plenary 3: NGA panel: Role of NGAs in advising leniency applicants in multinational cartel cases
Non-governmental Advisor Panelist
Activities of the International Competition Cartel Working Group, Cartagena, Columbia
June 2015
Beyond the Boarders: Emerging Issues in Business Litigation Seminar, Crossing the Line When Crossing the Border: The Canadian and US Approaches to Combating Foreign Corruption
Speaker
conference hosted by DRI, The Voice of Defense Bar, Toronto, Ontario
November 2014
Search Warrants and Inspections: How You Can Reduce Risk and Be Ready to Respond?
Speaker
McMillan Client webinar on Search Warrants and Inspections
October 2014
Developing Effective Relations with Public Prosecutors – The Canadian Experience
Non-Governmental Advisor Panelist
Activities of the International Competition Cartel Working Group, Taipei, Taiwan
September 2014
Section 45 - Auto-Parts and Other Recent Developments
Moderator
Fall Conference session in 2014, Ottawa, Ontario
February 2014
Cartel et collusion : perspectives pratiques
Speaker
Laval University, Ville de Québec, Quebec
October 2013
Section 45 (3) of the Competition Act: Use of Circumstantial Evidence to Prove Conspiracy
Panelist, Non-Governmental Advisor
International Competition Cartel Working Group, Cape Town, South Africa
October 2013
Making the Settlement Stick
Presenter
Webcast