Lexpert Magazine quotes Toronto and Vancouver lawyers, Jon Levin and Mark Andrews, QC, in an article on Canada’s DPA Regime.
Jon Levin, a corporate partner at Fasken Martineau DuMoulin LLP in Toronto, says “it’s not appropriate to punish innocent shareholders, innocent employees, innocent retirees or customers by having a company penalized by a conviction. It’s quite different to penalize the individual wrong-doers.”
Canada’s officers and directors are not included in Canada’s deferred prosecution regime, he says, only the corporation itself. That means those involved in illegal actions still face jail time and heavy fines if convicted.
Mark Andrews, QC, a partner at Fasken in Vancouver, says he doesn’t think the Canadian public has a proper understanding yet of the “very real and heavy consequences, both financial and otherwise, of agreeing to a DPA.”