8 | LEXPERT • June 2019 | www.lexpert.ca/usguide
LLP. "For example, our provisions tell prose-
cutors what they must take into account
and also what they must not consider."
"If the organization is alleged to
have bribed a foreign public official, for
example, the prosecutor is not permitted
to consider Canadian economic interests,
potential relations with a state other than
Canada or the identity of the organization
or the individual involved."
Unlike in the US where DPAs can be
used for most federal offenses, in Canada
their use is limited to 32 offenses under
the Criminal Code and the Corruption of
Foreign Public Officials Act, Hansell says.
e provisos include the offences
cannot have hurt national security,
involved a criminal or terrorist group, that
the prosecution must believe there is a
Notice to Neighbors:
Canada's DPA Regime
Canada finally adopted a deferred prosecu-
tion regime in the fall of 2018, joining the
US in adopting a regime that allows regula-
tors to remediate bad corporate behavior
without harming employees, pensioners and
shareholders at the same time.
But US counsel who expect the Canadian
framework to mirror theirs are in for a bit of
a shock.
"ere are a bunch of differences between
the Canadian and US regimes," says Carol
Hansell, senior partner of Toronto's Hansell
CANADA RECENTLY ADOPTED A DEFERRED
PROSECUTION REGIME, JOINING THE US
IN ADOPTING A REGIME THAT ALLOWS
REGULATORS TO REMEDIATE BAD
CORPORATE BEHAVIOR OUTSIDE
OF A LENGTHY COURT TRIAL SITUATION
BY SANDRA RUBIN
Business Issues
PHOTO:
SHUTTERSTOCK
