The decision to enter into a reorganization agreement can create internal tensions within organizations, as directors may come into conflict with senior management. The prospect of entering into a reorganization agreement will be attractive to directors, as it will likely be in the best interest of the organization to obtain a stay of the criminal complaint to avoid longer prosecutions. However, the prospect of a reorganization agreement may pose uncertainty for senior managers who may be at greater personal risk than directors. Given that the final reorganization agreement obliges the Organization to help identify others involved in the act or omission, it is likely that senior officials who may have played a role in the misconduct will oppose any proposal for the organization to manifest itself. With the downgrading and subsequent resignation of former Justice Minister and Attorney General Jody Wilson-Raybould, the resignation of Finance Minister Jane Philpott, obstruction of justice charges against Prime Minister Justin Trudeau, the resignation of his Secretary General Gerald Butts and the opening of investigations by both the head of federal ethics and the House of Commons Standing Committee on Justice, rehabilitation agreements had led to a less promising start. The prosecutor may invite a company that has allegedly committed a crime to a trial if the case meets a number of conditions. First, they can only apply to economic crimes such as corruption or fraud. They may not be used in a situation of bodily harm or serious death or in cases that have resulted in a violation of national security or national defence. Nor can agreements be used in cases where the offence is linked to a criminal or terrorist organisation. The prosecutor must also believe that there is a reasonable way for the company to be convicted and for the case to be in the public interest. Finally, the Attorney General must approve the negotiations. The memorandum should explain the reasons for the SR claim by referring directly to the considerations set out in the Code and include a well-founded and objective assessment of the weight factors, both for and against the continuation of an agreement. “This debate is about what is right for this country,” the letter said.
But Article 715.32(3) of the new Reorganisation Law states that when a company is prosecuted for corruption under Article 3 of the CFPOA, as is the case for SNC, “the prosecutor shall not take into account the national economic interest” in the decision to try or prosecute. Section 715.32(2) states that the factors that should weigh against the negotiations are the degree of involvement of senior company officials and whether there are any accusations, current or previous, of similar wrong acts – all of which could be interpreted as being interpretable against SNC. France passed a law in December 2016 allowing deferred prosecution agreements. [7] In 2017, the Australian Minister of Justice introduced a federal CCA regime. [8] 702 (1) A summons to appear issued by a judge of a provincial court or by a superior criminal court, a court of appeal, a court of appeal or a criminal court has effect anywhere in Canada, in accordance with its conditions. In particular, the legislation calls for the adoption of rules on two points: the actual form of the reorganization agreement and the qualifications necessary to be an independent observer who oversees the implementation of the agreement. . . .
