Behind the SNC-Lavalin Scandal: The Transnational Diffusion of Corporate Diversion

Abstract At issue in the SNC-Lavalin scandal was a new tool of corporate criminal law: remediation agreements. Introduced 2018, agreements allow diversion and create an alternative to prosecution corporations suspected wrongdoing. This article examines why federal government adopted chose this particular tool. Drawing on wide-ranging documentary record, I argue that reform product transnational lawmaking ongoing influence Canada's international commitments prohibit punish foreign bribery. The shows how criticism lacklustre anti–foreign bribery enforcement record catalyzed cross-national policy diffusion learning from other states. led Canada adopt diversion, which promised greater enforcement, also form practice with legislative judicial limits narrowed chances any company—including SNC-Lavalin—of obtaining agreement.