Canadian Lawyer InHouse

MAY/JUNE 2019 36 INHOUSE acts — all of which could be interpreted as counting against SNC. Michael Bryant, executive director of the Canadian Civil Liberties Association, says the long delay of the SNC court case and its eventual close proximity in time to the en - actment of remediation agreements doesn't look good. "Legislative change to accommodate a single criminal defendant is very suspicious and smacks of favouritism or cronyism," Bryant says. "The CCLA is [also] con - cerned about the appearance of politicizing a prosecutorial decision." "A pox on both their houses," he says of Wilson-Raybould and Trudeau, who have seemed, in his estimation, to be on shaky ground in various public statements. He says the former AG has appeared more "resolute" than reasonable, while the PM should never have told Canadians that Wil - son-Raybould's demotion was about filling a vacancy at veteran's affairs. "Transparency would have served the prime minister and the administration of justice much better." Now, Bryant says, the CCLA would like the matter referred to the Supreme Court of Canada "to bring about some clarity and confidence in the system." As for remediation agreements, he says, "it's debatable whether or not they're appropriate. I don't like them because it means corporations can be above the law. Our criminal justice system is merciless — yet here we are, creating mercy for corporations." Bryant says if Ottawa wants to provide more flexibility in addressing corporate crime, "they should change the rules of the procurement system and stop trying to get the justice system to do their dirty work." To the contrary, corporate lawyers with experience in governance and international law insist that remediation agreements make sense as a general principle. They point out that after several leading nations tightened international anti-corruption laws in the 1990s, the U.S. almost imme - diately introduced deferred prosecution agreements. To date, some 400 agreements have been negotiated in the U.S., with most relating to the 2008 financial crisis. The U.K. adopted a DPA regime in 2010. "They're not a get-out-of-jail-free card," says Mark Morrison, a lawyer in the Cal - gary office of Blake Cassels and Graydon LLP. "They're not just a cost of doing busi- ness." He says DPAs are more appropriate for companies than criminal prosecutions because corporations can't be incarcerated — but they can pay fines and undertake I n d u s t r y S p o t l i g h t They're not a get-out-of-jail-free card. MARK MORRISON, Blake Cassels & Graydon LLP For In-house Counsel...Legal News at Your Fingertips Sign up for the Canadian Legal Newswire InHouse edition today for free and enjoy great content from the publishers of Canadian Lawyer, Law Times, Canadian Lawyer InHouse and Lexpert. THE LATEST NEWS Keep abreast of essential late-breaking legal news and developments. THE BEST COMMENTARY Access trusted analysis and opinion on the cases and changes that are shaping the legal landscape. DELIVERED WEEKLY Your profession can change quickly, which is why you need the freshest, most recent information. FOR READING ON ANY DEVICE Get the news and opinions you need on any device. Whether you read at work, or on the go, the newswire adapts to your screen. Visit www.canadianlawyermag.com/newswire-subscribe

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