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Finance committee It came as a result of a public consultation. It was a Government of Canada consultation, as I mentioned, that had two discussion streams. It was a broad consultation. There were NGOs, accountants, business associations, prosecutors, small and medium-sized enterprises, so there was quite a diversity of views.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Do you mean the remediation agreement?
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Almost, but they would have to be charged for the agreement—
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee That's why we call them “accused”; we refer to “accused” at the outset. The prosecutor would have to be convinced that the prosecution threshold had been such that there was a prospect of conviction, that the evidence was there. They could invite them to negotiate the terms, but the agreement itself could not be approved until the court was satisfied that they had been charged.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee The guilty plea would result in a conviction.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee The penalty would be the terms of the agreement, and as I mentioned, there are mandatory terms. They have to pay a fine, a financial penalty. They have to forfeit any profits that they have obtained and disgorge any benefits they have as a result of their conduct. They would have to make reparations to victims or explain why they can't do that.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Not necessarily. They could be prosecuted by the provincial prosecutors as well.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Unless the Public Prosecution Service of Canada is operating within the—
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Yes. The AG's consent is required as delegated, so it would likely not be private prosecutors but any public prosecutor.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee There was a direct reference to it.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee It can't apply. There's an exclusion for situations where there has been serious bodily harm or death. It cannot apply in those situations. In answer to your first question, it was not motivated by any particular case, but it's something that is being considered in other countries or has been in place in other countries.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee First of all, this came from a consultation on economic crime, so it's the result of that. It was a government-wide consultation that was carried out throughout the fall. It is unique because there are diversion schemes in the Criminal Code for individuals, but there is no possibility of imposing a fine.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee Well, it is true that some of the features, such as compliance monitoring, would not lend themselves to small-value crimes. That's for sure. It would be more likely used for larger-scale offences, and—
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee This regime is applicable only to organizations, which of course can't go to jail anyway. It's not available to natural persons, only to legal persons. Individuals would not be able to avail themselves of this regime. As far as the types of offences go, it is possible to expand it in the future.
May 8th, 2018Committee meeting
Ann Sheppard
Finance committee I don't know the exact section, but it was a commitment made in the budget speech.
May 8th, 2018Committee meeting
Ann Sheppard