Deferred Prosecution Agreement

A Deferred Non-Prosecution Agreement (DPA), very similar to a non-prosecution agreement [1], is a voluntary alternative to the decision in which a prosecutor agrees to grant amnesty to the accused who meets certain conditions. A case of corporate fraud could be resolved, for example, by a deferred prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms and cooperate fully with the investigation. Compliance with the requirements then results in the termination of the royalties. [2] On March 27, 2018, the government introduced legislation to establish a system of deferred policing agreements. Although the law amended the penal code, it was not formulated as a stand-alone amendment to the code. Instead, it was included in the omnibus finance law. The amendments to the Criminal Code were found in Division 20 of the sixth part of the draft budget. [20] The amendments would complement the criminal code of a new Part XXII.1 to authorize deferred prosecution agreements known as “recovery agreements.” [21] Discussions on the possible introduction of a Criminal Prosecution Act in Canada began in February 2016. Under traditional criminal law, Canadian prosecutors had only two options: “Prosecuting and charging suspected criminals or not deciding to prosecute alleged offenders.” [16] [17] However, the approach of U.S. prosecutors has been criticized by U.S.

courts as overly lenient. Despite these criticisms, U.S. courts have held that they have limited authority to review deferred policing agreements. [2] [5] In most cases, the courts approve the agreements. [7] The Quebec-Queb├ęco-construction-building company SNC-Lavalin was one of the first large companies in Canada to enter into an agreement on future lawsuits. [35] [36] [37] [38] The economist reported in February 2019 allegations that Trudeau and his officials attempted to influence the Minister of Justice and Attorney General Jody Wilson-Raybould to use the Data Protection Authority instead of prosecuting SNC-Lavalin for corruption. [39] Following an investigation into allegations of violations of the Conflict of Interest Act, the Office of the Conflict of Interest and Ethics Commissioner`s (CIEC) 57-party report of August 14, 2019 found that Prime Minister Trudeau had violated the Conflict of Interest Act.