TORONTO – White collar crime enforcement is chronically low in Canada and law enforcement officials need additional tools to support their efforts. Based on this, a new report from Transparency International Canada (TI Canada) recommends the Government of Canada consider adopting a Deferred Prosecution Agreements (DPAs).
The report is the result of an ambitious study undertaken by TI Canada’s volunteer Legal Committee. The report lays out a balanced perspective of pros and cons of adopting a DPA, as well as reviews the experience of DPAs in other countries.
DPAs are agreements between enforcement authorities and a corporation whereby the authorities agree to refrain from prosecuting the corporation for certain apprehended offences provided that the corporation makes various undertakings and other public interest criteria are met.
In the Canadian context, DPAs, if properly designed and implemented, have the potential to support increased enforcement of anti-corruption laws and increased self-disclosure and compliance by corporations.
Should DPAs be adopted in Canada, TI Canada believes it is crucial to take precautions to avoid perceived pitfalls experienced in other jurisdictions like 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:
Financial reparations
Sincere compliance reform
Accountability of individual wrongdoers
If these conditions are met, DPAs have the potential to be an efficient tool for law enforcement, prosecutors and the judiciary in achieving greater compliance, deterrence and corporate accountability.
Most importantly, 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
TI Canada hopes that this report will contribute to enriching the dialogue about the adoption of DPAs in Canada and that our views will be carefully considered by lawmakers. The possible adoption of DPAs in Canada represents a unique opportunity to have an important public discussion about the fight against corruption in Canada. TI Canada welcomes that policy debate, intends to actively participate in it, and invites all like-minded Canadians to support our activities.