Tag Archives: TI Canada

Deferred Prosecution Agreements Regime: A Canadian Proposal

Diversion programs for those accused of criminal offences are not new in Canada.  In Québec, for example, first-time individual accused or accused suffering from a psychiatric or medical condition may participate in a diversion program, which results in the criminal charges being dropped.  Corporations may also benefit from diversion programs, such as the Competition Bureau’s Immunity and Leniency Programs.

Transparency International Canada (“TI Canada”), a non-governmental anti-corruption organization, released a report in July, 2017 “urging” the Canadian government to adopt a Deferred Prosecution Agreement (“DPA”) mechanism, modeled closely to the current regime in the U.K.  A DPA is an agreement between the prosecutor and the accused suspending outstanding charges and requiring the accused to fulfill a certain number of commitments.  Once the accused has completed its contractual undertakings, the prosecutor will drop the charges.

TI Canada’s Recommended DPA Mechanism

The proposed scheme, according to TI Canada, addresses all the pitfalls of the current DPA regime in the U.S., but retains all of the advantages, including encouraging greater enforcement and self-reporting, saving costs and resources for both parties, and promoting certainty and transparency for all stakeholders involved.

TI Canada recommends that the proposed DPA scheme only be available to corporate accused who are charged with economic crimes.  The DPA scheme would be legislatively enacted and judicially monitored to fulfill the underlying three objectives of financial reparations, sincere compliance reform, and accountability of individual wrongdoers.

Below is a summary of the proposed regime.

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