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.
