Using N/DPAs to Achieve Global Settlement: Lessons for Canada and its Nascent Regime
Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) have become increasingly common non-trial settlement tools to resolve corporate crimes domestically. Due to the complexity of investigating misconduct by corporations that operate transnationally, significant challenges remain in coordinating settlements across jurisdictions. This paper aims to show how multi-jurisdictional corporate cases are typically handled and explores the possible advantages of using N/DPAs to achieve global settlement as an alternative to prosecution. Canada has recently enacted legislation enabling the use of DPAs in the resolution of certain corporate criminal disputes. The creation of the Canadian Remediation Agreement Regime comes at a unique time, as jurisdictions are beginning to collaborate to resolve multi-jurisdictional corporate crimes through N/DPAs. As one of the newest non-trial settlement frameworks, it is possible for Canada to create a remediation agreement regime that favours multi-jurisdictional coordination and global settlement from the outset. This paper considers the possibility of achieving global settlements through N/DPAs and makes recommendations for the Canadian regime with a view to fostering increased collaboration between enforcement agencies on the international stage.