Obtaining A Deferred Prosecution Agreement

Obtaining a dpa has the obvious advantage for a company that it avoids being convicted for the offence that triggered the criminal investigation. A data protection authority not only damages a company`s reputation, but also ensures that a company escapes the costs, disruptions and adverse effects of prosecution, lawsuits and convictions. Discussions on the possible implementation of a prosecution agreement in Canada began in February 2016. Prior to the CCA, Canada already had a “prosecutorial discretion” that “allowed insulting companies to negotiate a non-criminal penalty for a misdemeanor.” [9] In June 2018, Canada adopted a CCA through provisions of the C-74 omnibus budget implementation act, which amended the penal code. [10] [11] According to the Law Times, the data protection authority is changing the way Canadian courts prosecute economic crime, which involves a redress system in which offenders can escape conviction if they “cooperate with the Crown and the courts.” [10] The Times quoted Ottawa-based lawyer Patrick McCann as saying that the DPA would “align Canada with many other countries that have deferred policing agreements, including the United States, the United Kingdom and most other European countries.” [10] According to McCann, the data protection authority “deals with the injustice of the situation if you have a large company that has a senior rogue officer,” who has committed a crime for which the entire company is held responsible. [10] McCann stated that the CCA was fair to investors in companies that were innocent of any wrongdoing. [10] If they do not meet all the requirements of the relief agreement, they can still be sued. A data protection authority is an agreement between the SFO or crown Prosecution Service (CPS) and an organization that could be prosecuted for corporate crime. The agreement, reached under the authority of a judge, allows the prosecution to be suspended for a specified period of time, provided that the organization meets (and continues to meet) certain conditions. Deferred court agreements (DSBs) may be an attractive alternative to prosecuting a company under investigation for corporate misdemeanors.