First Remediation Agreement Under The Canadian Criminal Code: Key Takeaways

The Superior Court of Québec recently published its reasons¹ approving Canada's first remediation agreement under the Criminal Code, which is Canada's version of a deferred prosecution agreement (DPA). In his reasons, the Honourable Justice Eric Downs provided an extensive overview of the principles applicable to remediation agreements, thus building the foundation for their future use.

The remediation agreement resolved allegations that SNC-Lavalin inappropriately paid C$2.3 million to obtain a C$128-million contract for the restoration of the Jacques Cartier Bridge in Montréal in 2002. The remediation agreement provided for a total payment by SNC-Lavalin of C$29.5 million, which was calculated on a formula broadly influenced by the U.K. sentencing guidelines and certain provisions of the Criminal Code governing remediation agreements.