Wednesday, March 6, 2019 – 7:00-8:30 pm
James Bay New Horizons 234 Menzies Street, Victoria
Discussion Topic: Corporate Exceptionalism In
The SNC Lavalin Affair – Remediation Agreements And How They Affect Our Justice System
Moderator: John Pope
Our discussion will try to focus on the alleged reasons for,
and the problems with deferred prosecution agreements (DPAs) to
‘remediate’ prosecutions for corporate wrongdoing.
An important point that has been brought to light as a result
of the SNC Lavalin controversy, is that there is now a legal
provision for corporations to apply for leniency in prosecution
for their criminal offenses.
As part of a multi-faceted approach to addressing corporate
wrongdoing, the Government of Canada introduced Criminal Code
amendments to create a new tool called a remediation agreement.
In the fall of 2017, a public consultation was launched about the viability in Canada of deferred prosecution (remediation) agreements (DPAs). Here is the report: https://www.tpsgc-pwgsc.gc.ca/ci-if/ar-cw/rapport-report-eng.html
DPA legislation was enacted in June 2018 through provisions in
the omnibus budget implementation Bill C-74, that amended the
Criminal Code. https://en.wikipedia.org/wiki/Deferred_prosecution_agreement_(Canada)
Some say this was directly related to, and came as a result of
the SNC Lavalin criminal prosecution for bribery and fraud.
On Sept 4, 2018, The Public Prosecution Service (headed by
Wilson-Raybould) tells SNC-Lavalin in writing it will not invite
the firm to negotiate a remediation agreement. This was the
catalyst for a major lobbying campaign by the company and also
government officials and cabinet ministers including Trudeau
himself to provide Wilson-Raybould with ‘advice’ or
‘information’ about the consequences of her decision. This is
the ‘pressure’ Wilson-Raybould refers to in this issue.
Here is the timeline of events. Please read this article so that you can participate more effectively in our discussion: https://www.cbc.ca/news/politics/timeline-snc-wilson-raybould-1.5027249
1. Should corporations be treated differently under the law than individuals? Why or why not?
2. Should an important change to the criminal code be inserted into an omnibus bill?
3. What is the definition of ‘pressure’ in this case?
4. Did you hear about the public consultations refereed to above? (I didn’t!)
5. What other ways does the government have for holding corporations to account for their criminal (or ethical) behaviour?
6. [Your question here]
See you there!
Open to all. Coffee and tea provided. Donations gratefully accepted.
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Dr. Parminder Basran, Political Science UVic
Marie Curie—the only woman to have won two Nobel prizes, and in different subjects! But do you know how she transformed health care?
March 24 – Wicked Challenges for City Planning in
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How the world city network and social inequality, mobile capital, gentrification, climate and environmental change, hybrid populations and cultures, electronic communications and social media, reflect the end of the era for rational planning. What comes next?