Ottawa officials keep pushing myths about ‘remediation agreements’ amid the SNC-Lavalin scandal

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Ottawa officials keep pushing myths about ‘remediation agreements’ amid the SNC-Lavalin scandal
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Ottawa officials keep pushing myths about 'remediation agreements' amid the SNC-Lavalin scandal via fpcomment

When the House of Commons standing committee on justice and human rights held its first hearings into the SNC-Lavalin affair last week, there was an opportunity for the three government witnesses to clear up some misconceptions about the remediation-agreement regime introduced by the government last year.

All criminal convictions bring with them adverse collateral consequences on innocent third parties. Without more, the likelihood of these collateral effects, however large, is not sufficient to justify a RA. There is a good reason for this: In order for RAs to work, they have to focus on promoting compliance, which presupposes that the company is willing and able to admit it acted badly and to change its ways.

Misconception 2: Despite being buried in an omnibus budget bill, the remediation agreement regime was widely consulted upon. Nor was the draft of the RA regime subject to any serious scrutiny in either house of Parliament. It did not benefit from the input of experts, proponents and critics, which is unfortunate as the end result has several weaknesses. When the House of Commons standing committee on finance got to that part of Bill C-74, they were caught off-guard and deeply annoyed.

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