Can I ask one question? It's just intellectual curiosity based on Mr. Rankin's questions. I'm totally supportive of the amendments.
In a hypothetical scenario, I guess it wouldn't be when a current director is also prosecutable, because a current director would find out as soon as the corporation was notified of an action against it, and there would be ongoing discussions that would involve or implicate the directors. I could see it if it were the case of a past director or a past employee.
I would hazard a guess that this would be used in the event, for example, there were a Canadian company acting as an agent for a large U.S. multinational and that large multinational was violating the U.S. Foreign Corrupt Practices Act. The Canadian agent, at the behest of the U.S. company, was out there offering bribes to foreign government officials in violation of both Canadian and American law, but it was a small player acting at the behest of a large company.
In order to assist the U.S. in its prosecution of the larger company, we may want to settle with the smaller Canadian company without letting the large U.S. multinational know that we were seeking to go after it, or that the U.S. was. In co-operation with U.S. authorities we might say, “Let's not let them know about it until the U.S. can finish its investigation.” Is that not why we would do that?