Remediation agreements, known as deferred prosecution agreements
in the United States and United Kingdom, are a new tool for
enforcing and resolving corporate crime in Canada. Remediation
agreements are made between the Crown and an organization charged
with a criminal offence, whereby the Crown agrees to suspend
prosecution if the organization complies with certain terms and
conditions, including providing a statement of facts and admission
of responsibility related to the underlying misconduct; forfeiting
property, benefits or advantages obtained from the underlying
conduct; and agreeing to pay fines or reparations, among other
things.
Prosecutors may invite an accused organization to negotiate a
remediation agreement only if they are satisfied that it is in the
public interest and appropriate in the circumstances. The Criminal
Code sets out several factors that prosecutors may consider to
determine this, including the circumstances in which the
