Tuesday, 2 February 2016


The BC Securities Commission operates outside the laws and procedures set by the Canadian Supreme Court in regards to, Commissions, Tribunals, Courts and all such legal matters.
Their is no law or legislation in the BC Securities Act (RSBC 1996) which governs the BC Securities Commission that gives it the right to hold 'Court' or a legal Tribunal process according to its own whims and wishes.
See an exert from BC Securities Commission Policy hand book where the BC Securities state it is
"master of its own procedures". Seemingly this includes the right to only 'sometimes' record hearings (or hearing management meetings) or tell us who we can or cannot use as council to represent ourselves.
See the below policy from their policy handbook, then see the Supreme Court of Canada laws that state very explicitly what the Law actually is in regards to operating a legal Tribunal, Court, or Commission in Canada. Unless Provincial or Federal legislation mandates otherwise all Courts, Tribunals, Commissions and Legal processes in Canada must operate under Canadian Supreme Court Law.
Exert from BC Securities Policy Handbook:

2.1 Procedures – The Commission conducts hearings less formally than the courts. The Act
and Regulation prescribe very few procedures the Commission must follow in hearings.
Consequently, except for these, the Commission is the master of its own procedures.
 In deciding procedural matters, the Commission considers the rules of natural justice set by the courts and the public interest in having matters heard fully and decided promptly.
The commission and its agents have repeatedly stated that the commission is not governed by the Canadian constitution nor is it obligated to operate in a manner that is in accordance with the procedures and rules of the Canadian Supreme Court. This is contrary to the constitution which clearly states that unless specific provincial legislation outlines otherwise, all laws, regulations, rules, courts, tribunals shall operate in accordance with the constitution act of 1982;
Application of charter
  • 32. (1) this charter applies
  • (a) to the parliament and government of Canada in respect of all matters within the authority of parliament including all matters relating to the Yukon territory and northwest territories; and
  • (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
There is no Securities Act legislation that would give the BCSC the right to act in such an arbitrary manner.
 The BCSC is in violation of both the Canadian Constitution Act of 1982 and the Canadian Supreme Court law.
How can the BC Securities Commission have any credibility with such brazen disregard for due process and the rule of law?
Christopher Burke
Peter Harris


No comments:

Post a Comment