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ARTICLE · 27 SEPTEMBER 2019

Remediation Agreements: A Rational Process That Is In The Public Interest

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Even if the conditions are met, a remediation agreement is not automatic.

CanadaCriminal Law
Patrick McCann
Patrick McCann
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Prosecuting a corporation for criminal offences has long been criticized as potentially giving rise to a number of unfair and unwarranted results. Usually the wrong-doing is attributed to one or two individuals who have acted on their own and often well into the past and are no longer associated with the company.

By prosecuting the entire company, a multitude of completely innocent individuals can be harmed. Investors can lose their investments, employees can lose their jobs, retired employees might lose their pensions. A criminal conviction of a corporation can have far-reaching repercussions, including being debarred from bidding on government contracts domestically and internationally. Many non-government requests for proposals now also have an integrity requirement for companies submitting bids.

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