to be considered by the prosecution in deciding whether a prosecutor may negotiate a remediation agreement. What does “the national economic interest” mean?It’s a technical but critical legal issue. Donald Johnston was head of the OECD when it drafted the anti-corruption convention, which contains the prohibition that is repeated in the Canadian legislation implementing deferred prosecution agreements.
There are also nine factors which the prosecution must consider. But what of the purposes of the remediation sections added to our Criminal Code? There are six, one being: “to reduce the negative consequences of the wrongdoing for persons – employees, customers, pensioners and others – who did not engage in the wrongdoing while holding responsible those who did …”
It’s sad that not more of us appear to believe there is a reason to do business ethically, and a reason to do government ethically. The reason is that it’s the only way either can operate fairly and equitably. The public should be up in arms demanding that its government observe the moral and ethical underpinnings essential to a democracy such as ours.Story continues below advertisement