(a) the circumstances in which the act or omission that forms the basis of the offence was brought to the attention of investigative authorities (2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors: (d) the Attorney General has consented to the negotiation of the agreement. (c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances and (b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group (a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence (f) to reduce the negative consequences of the wrongdoing for persons - employees, customers, pensioners and others - who did not engage in the wrongdoing, while holding responsible those individuals who did engage in that wrongdoing.ħ15.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met: (e) to provide reparations for harm done to victims or to the community and (d) to encourage voluntary disclosure of the wrongdoing

(c) to contribute to respect for the law by imposing an obligation on the organization to put in place corrective measures and promote a compliance culture

(b) to hold the organization accountable for its wrongdoing through effective, proportionate and dissuasive penalties (a) to denounce an organization’s wrongdoing and the harm that the wrongdoing has caused to victims or to the community A review of the decision reveals that it was manifestly correct.įirst of all, it is useful to look at the actual text of the law that permits the prosecution to enter into Remediation Agreements:ħ15.31 The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives: The proceeding was met with a motion to strike from the government, which was granted in a 100-page judgment of Justice Kane of the Federal Court. Hard to complain that you are now in the political game.Īt the same time as it was following the political route, SNC also sought judicial review of the prosecutor’s decision not to enter into a Remediation Agreement. Weren’t they trying to exercise and seek political influence? It sort of seems like in fact the puck threw itself on the ice. These lobbying efforts involved SNC’s Chairman, the former Clerk of the Privy Council, reaching out directly to the (now former) Clerk the company’s CEO writing to the Prime Minister seeking his intervention and officials directly lobbying members of the Prime Minister’s Office over several months. This comment could legitimately strike one as surprising, coming from a company that has engaged in extensive lobbying activities – first seeking the enactment of a regime in the Criminal Code, then seeking to override the decision of the Director of Public Prosecutions to not offer SNC the possibility of negotiating a Remediation Agreement. SNC’s president has described his company as being “sick of being used as a puck in a political hockey game”.

From the outset