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Integrating a deferred prosecution agreement regime: an opportunity to ensure the sustainability of our companies

Tuesday, November 16, 2017 – The Chamber of Commerce of Metropolitan Montreal has submitted its recommendations to the Government of Canada as part of their consultations on the adoption of a deferred prosecution agreement (DPA) regime. The Chamber supports the Government in its efforts to strengthen the Canadian justice system to fight corporate crime by adopting a DPA regime. The Chamber also invites the Government to implement a DPA system that is transparent and closely regulated by the court system to make sure it is accepted by companies and citizens alike.

Making it easier for economic actors to voluntarily admit to corporate crime
“Canada must equip itself with an additional tool to incite economic actors to admit to or disclose wrongdoings. The Chamber invites the Government of Canada to implement a transparent, clear, and predictable DPA system that is closely regulated to make sure it is accepted by companies and citizens,” said Michel Leblanc, President and CEO of the Chamber of Commerce of Metropolitan Montreal.

“Currently, when a Canadian company discovers that a current or past employee has admitted to corporate crime, there is no system in place to encourage them to disclose this and cooperate with authorities. A DPA regime is a proven solution. Countries who have implemented this measure have found that it promotes the disclosure of fraudulent activities. It’s also a way to obtain indemnification that legal proceedings would not recover,” said Mr. Leblanc.

Penalizing criminal acts while preventing major damage to the economy

“Internationalization of companies brings its share of challenges and we must be aware that companies expose themselves to risk when they target a new market or associate with new partners. Wrongdoings made by employees or even third parties can severely impact the Canadian economy, through job losses, tax losses, even the closure of a flagship company. Canadian companies affected may also be excluded from government contracts, robbing them of significant market share. This situation puts them at a disadvantage to international competitors who can rely on a DPA regime. The implementation of this kind of system in Canada would fix the situation and improve the governance of companies targeted,” said Mr. Leblanc.

The Chamber’s brief can be consulted here.

About the Chamber of Commerce of Metropolitan Montreal (CCMM)
With a network of over 7,000 members, the CCMM is active on two fronts: being the voice of the Montréal business community and delivering specialized services to businesses and their representatives. With its finger on the pulse of current events, it acts on issues that are decisive for the prosperity of the city’s businesses. With the support of the Acclr experts, the CCMM’s goal is to accelerate the creation and growth of businesses of all sizes, at home and around the world.

 

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Source: 
Julie Serero
Advisor, Media Relations
Chamber of Commerce of Metropolitan Montreal
Tel.: 514 871-4000, ext. 4042
jserero@ccmm.ca

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