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Should Canada follow the UK, US or Australian deferred prosecution model?

By Peter MacKay, Christopher Burkett & Henry Garfield on June 22, 2017
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As the Canadian government contemplates further measures to combat financial crime, there is an increasing debate over whether Canada should follow the US, UK or the proposed Australian model by introducing a deferred prosecution agreement (DPA) regime to help combat corporate wrongdoing, promote ethical business conduct, and encourage corporate self-reporting to and cooperation with Canadian government authorities.

Comparing the US, UK and the proposed Australian model for deferred prosecution agreements, Baker McKenzie’s Peter MacKay, Chris Burkett and Henry Garfield make the case for the DPA system Canada should adopt in Global Investigations Review’s latest edition.

Photo of Peter MacKay Peter MacKay

Peter MacKay PC, QC (Privy Council and Queen’s Counsel) is a Partner in the Canadian Litigation and Government Enforcement Group.  He is a former Crown prosecutor, and he served as Canada’s most recent Federal Minister of Justice (Attorney General). Mr. MacKay’s practice focuses…

Peter MacKay PC, QC (Privy Council and Queen’s Counsel) is a Partner in the Canadian Litigation and Government Enforcement Group.  He is a former Crown prosecutor, and he served as Canada’s most recent Federal Minister of Justice (Attorney General). Mr. MacKay’s practice focuses on government enforcement proceedings and compliance matters, and he provides strategic advice to Canadian companies doing business globally and international companies doing business in Canada. Prior to joining the Firm, Peter MacKay served in the Parliament of Canada for many years and in a ministerial post in the Canadian government for nine years since the Conservative Party formed a government in 2006.  Most recently, he served as Canada’s Attorney General and Minister of Justice, a position to which he was appointed in 2013. Prior to this post, Mr. MacKay served as the Minister of National Defence for six years and held joint cabinet positions as Minister of Foreign Affairs and Minister for the Atlantic Canada Opportunities Agency for 18 months.

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Photo of Christopher Burkett Christopher Burkett

If you have any questions or comments about this blog post, please contact John Pirie at john.pirie@bakermckenzie.com.

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Photo of Henry Garfield Henry Garfield
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  • Posted in:
    Criminal
  • Blog:
    Canadian Fraud Law
  • Organization:
    Baker McKenzie
  • Article: View Original Source

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