A Deferred Prosecution Agreement (DPA) is a tool that allows prosecutors to enter into negotiations with an accused. Should DPAs be adopted in Canada, Transparency International Canada believes it is crucial to take precautions to avoid perceived pitfalls experienced in the United States. For a DPA scheme to be effective, it should be enacted through specific legislation, carried out under transparent judicial purview and include specific measures aimed at the following objectives: 1) financial reparations; 2) sincere compliance reform; and 3) accountability of individual wrongdoers. However, DPAs must not be seen as a simple cost of doing business. Additionally, they must not be treated by government as a stand-alone measure in the fight against corporate crime. The debate on a potential DPA scheme should be part of a greater reflection on the state of corporate criminality in Canada and serve as the opportunity to invest the resources required by law enforcement, prosecutors and the judiciary to efficiently combat corporate crime.
