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- Title
USING N/DPAS TO ACHIEVE GLOBAL SETTLEMENT: LESSONS FOR CANADA AND ITS NASCENT REGIME.
- Authors
Dennis, Eleanor
- Abstract
Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) have become increasingly common non-trial settlement tools to resolve corporate crimes domestically. Due to the complexity of investigating misconduct by corporations that operate transnational, significant challenges remain in coordinating settlements across jurisdictions. This paper aims to show how multijurisdictional corporate cases are typically handled and explores the possible advantages of using N/DPAs to achieve global settlement as an alternative to prosecution. Canada has recently enacted legislation enabling the use of DPAs in the resolution of certain corporate criminal disputes. The creation of the Canadian Remediation Agreement Regime comes at a unique time, as jurisdictions are beginning to collaborate to resolve multijurisdictional corporate crimes through N/DPAs. As one of the newest non-trial settlement frameworks, it is possible for Canada to create a remediation agreement regime that favours multi-jurisdictional coordination and global settlement from the outset. This paper considers the possibility of achieving global settlements through N/DPAs and makes recommendations for the Canadian regime with a view to fostering increased collaboration between enforcement agencies on the international stage.
- Subjects
DEFERRED prosecution; CRIME; MISCONDUCT in public office; JURISDICTION
- Publication
Dalhousie Journal of Legal Studies, 2020, Vol 29, p45
- ISSN
1188-4258
- Publication type
Article