What is materiality in a false or misleading case? Do I have to show materiality in order to qualify for immunity?
Section 52 of the Act prohibits making a representation to the public for the purpose of promoting a product or business interest that is false or misleading in a material respect. Similarly, section 52.1 prohibits such representations from being made while telemarketing. A false or misleading representation must be material before it can be considered an offence. Generally stated, a representation is material if it could lead a person to a course of conduct that, on the basis of the representation, he or she believes to be advantageous. At the proffer stage, applicants are required to provide information regarding the representation made, the manner in which it was conveyed and the product or business interest being promoted. Although not required to demonstrate decisively to the Bureau that the false or misleading representation was material, applicants are required to provide all information that addresses the issue. The Bureau will assess the general impression created by the repre
