Deferred Prosecution Agreement Harper
While distraction from Canadian law is possible in certain circumstances, it is not generally available for corporate criminal liability footnote 1. The court may impose as a precondition to the probation order that a company establish guidelines, standards, and procedures to reduce the likelihood of a subsequent violation, but prosecutions focus on punishing misconduct and not on promoting redress and compliance in the future. In addition to the implementation of internal controls, independent compliance monitoring is often considered a CCA concept. This can reduce the likelihood that prosecutions will be reinstated and can be used to assure authorities that the company is actually complying with and demonstrating the terms of the CCA. It can also help improve the corporate culture and thus reduce the risk of recurrence. However, the U.S. prosecutors` approach has been criticized by U.S. courts as too lenient. Despite these criticisms, U.S. courts have ruled that they have only limited power to review deferred crackdown agreements.   In most cases, the courts approve agreements.
 In September 2017, the CPSP announced a public consultation on possible improvements to the integrity regime and on “the desirability of applying deferred prosecution agreements in Canada.”  PSPC published a discussion paper and also made available a website to lead the discussion.  The consultation focused on “potential improvements to the recently put in place integrity regime,” which could include the implementation of deferred prosecution agreements in Canada, similar to what was adopted in the United Kingdom in response to corporate misconduct.  A DPA is a voluntary agreement negotiated between an accused and the competent law enforcement authority. Under a CCA, prosecutions are stayed for a specified period of time. During this period, the accused must comply with the terms of the agreement. If the accused complies, the charge will be withdrawn if the DPA expires and no criminal conviction is pronounced. If the accused does not comply, the charge may be revived at any time during the period of the CCA, prosecuted and convicted. Since the early 1990s, DPAs have been widely used in the United States as an instrument for enforcing corporate crime, particularly for Foreign Corrupt Practices Act offenses, although they can also be used by individuals.
There have been many important enforcement actions of the CCA. Except in certain circumstances, prosecutors have the option of offering a DPA for every federal crime for which there is a criminal case. A DPA is not available for cases where: the accused has two or more previous convictions for crimes; the offence relates to national security or foreign policy; the accused is (or (a) a public servant and is charged with an offence involving a breach of public trust; or Department of Justice policy requires that the offence be redirected to criminal prosecution. Subsequently, the provisions gave rise to some political controversies. SNC-Lavalin, a major Canadian engineering firm, faces criminal charges under the penal code and the Law on Bribery of Foreign Officials in connection with its business in Libya and was one of the first companies to seek an agreement on the deferred prosecutions. . . .