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ARTICLE · 31 JULY 2018

Deferred Prosecution Agreements - A New Canadian Regime

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With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime.

CanadaCriminal Law
Guy Pinsonnault
Guy Pinsonnault
Jamieson Virgin
Jamieson Virgin
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Co-authored by Holly Sherlock (Articled Student)

With the growing sophistication and globalization of corporations, countries are increasingly looking for new methods to combat and prosecute corporate crime. Pioneered by the United States and United Kingdom, deferred prosecution agreements, or DPAs, are quickly becoming a popular method through which countries can hold corporations accountable for their actions.

After a public consultation process during the fall of 2017, the Canadian government tabled legislation in the spring of 2018 leading the way to the implementation of a DPA regime in Canada.1 Bill C-74 amends the Criminal Code, establishing a framework for the use of DPAs, called "remediation agreements", where prosecutors may offer them as an alternative to prosecution in specific circumstances. The Bill received Royal Assent on June 21, 2018 and the relevant provisions will take effect 90 days thereafter. As such, it is possible that prosecutors will

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