The swift passage of the bill deprived Canadians of a detailed discussion of how it was developed. This has undermined the overall legitimacy of reorganization agreements. It`s time to correct these mistakes. When it comes to remediation agreements, he says, „one may wonder whether they are appropriate or not. I don`t like them because it means companies can be above the law. Our criminal justice system is ruthless – and yet we are creating compassion for business here. The terms of a reorganization agreement may vary depending on the particular circumstances, but in order to ensure accountability and promote compliance, certain conditions would be mandatory. For example, each agreement would contain an agreed statement of facts. Reparation agreements could also include the recovery of profits from acts of corruption, the provision of reparations to victims and monitoring by an external monitor. Recent events highlighted in the media have highlighted Canada`s efforts to combat white-collar crime. These events are shaking our federal government to the core. The discussion focused on the legislative amendments made to the Penal Code in 2018, which give prosecutors the power to enter into reorganization agreements.
This new tool for defendant companies will continue to be in the spotlight as we all learn when prosecutors will be ready to authorize the use of remediation agreements and how their use of the vote will be received by the electorate.