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Justice committee Yes.
February 25th, 2019Committee meeting
Wendy Berman
Justice committee But we have to also go back to the purpose, which is laid out in the statute. The purpose does talk about the consequences, which include financial consequences to pensioners, employees and other stakeholders. It's not as if economic harm, whether it's national, local or—
February 25th, 2019Committee meeting
Wendy Berman
Justice committee —regional, or just to that company and the stakeholders who are affected by that company. They aren't separate spheres. They're overlapping spheres, in my opinion.
February 25th, 2019Committee meeting
Wendy Berman
Justice committee I'm not an expert, and I'm not here to testify on what can be said to the Attorney General, but I do think that the Attorney General, just like the director of public prosecutions, should be considering the financial consequences to all of those stakeholders as a result of a crim
February 25th, 2019Committee meeting
Wendy Berman
Justice committee In terms of Canada's record, we've not dedicated the same resources, even on a per capita basis, that the U.S. has dedicated to investigations of foreign corruption. In terms of prosecuting and enforcing the law on foreign corruption, that involves investigations and prosecutions
February 25th, 2019Committee meeting
Wendy Berman
Justice committee As I said, we saw the U.S. being at the forefront for deferred prosecution agreements, non-prosecution agreements and no-contest settlements—a whole panoply of tools that prosecutors can use to resolve corporate misconduct. Canada never had it for pure criminal allegations and in
February 25th, 2019Committee meeting
Wendy Berman
Justice committee I'd say the discussion about deferred prosecution agreements has been going on probably as long as I've been practising, and I'm going to decline to say how long that is.
February 25th, 2019Committee meeting
Wendy Berman
Justice committee It's been a discussion for quite some time. Whether it's quasi-criminal, criminal or regulatory responsibility for corporations, it's been a discussion in all three spheres. Certainly it's come in faster in other spheres, and we've seen great result in terms of the objectives tha
February 25th, 2019Committee meeting
Wendy Berman
Justice committee Yes, there was. In fact, a number of people participated in that consultation and either put in written submissions or appeared at round table and other discussions. I put in submissions in terms of the deferred prosecution agreement jointly with another law firm. I don't have
February 25th, 2019Committee meeting
Wendy Berman
Justice committee Thank you, Mr. Chair. Thank you, members of the Standing Committee on Justice and Human Rights for inviting me to participate today. I have come to speak to you about remediation agreements and deferred prosecution agreements as a defence counsel who has been involved in negot
February 25th, 2019Committee meeting
Wendy Berman