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ARTICLE · 07 JUNE 2018

Questions And Caution Regarding Canada's Proposed Deferred Prosecution Regime

McCarthy Tétrault
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On March 27, 2018, Parliament introduced draft amendments to the Criminal Code that, for the first time in Canada, will provide the possibility for an organization to enter into a deferred prosecution agreement ...

CanadaInternational Law
David Porter
David Porter
John Boscariol
John Boscariol
Andrew Matheson
Andrew Matheson
Gabriel Querry
Gabriel Querry
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On March 27, 2018, Parliament introduced draft amendments to the Criminal Code that, for the first time in Canada, will provide the possibility for an organization to enter into a deferred prosecution agreement under what will be known as the Remediation Agreement Regime ("RAR").1 

The RAR will create a process whereby, subject to negotiated agreement with a prosecutor and court approval, an organization may be able to avoid prosecution for certain economic crimes – with no conviction recorded – by entering into a remediation agreement. Such an agreement may come with substantial financial penalties, forfeiture of property obtained by the commission of the offence, restitution to victims, a review of compliance controls and, in some instances, the appointment of an independent monitor to oversee the implementation of remedial measures. 

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