Deferred No More: Deferred Prosecution Agreements Finally On Their Way to Canada

Following a recently completed public consultation, the federal government is proposing to amend the Criminal Code to provide for deferred prosecution agreements, a highly useful tool to address offences committed by corporations and their directors and officers without necessitating a full criminal trial.

Key Takeaways

• This long-awaited announcement follows a formal public consultation. Numerous constituents, corporations, professionals and other entities, including Cassels Brock, participated in the consultation process and were largely supportive of a deferred prosecution agreement regime.
• The new regime mirrors existing regimes in other jurisdictions. In a sense, Canada is playing "catch up" when it comes to deferred prosecution agreements.