Court Upholds Securities Commissions' Power To Compel And Share Evidence

In Beaudette v. Alberta (Securities Commission), 2016 ABCA 6, the Alberta Court of Appeal dismissed the appellant's claim that sections 42 and 46 of the Alberta Securities Act, (the "Act") violated sections 7, 8, 11(c) and 13 of the Charter of Rights and Freedoms (the "Charter"). The impugned sections of the Act provide the Alberta Securities Commission (the "Commission") the power to compel testimony and disclosure of evidence related to regulatory investigations (s. 42), and the power to share that evidence with other securities or law enforcement agencies, without notice to the subject of the investigation, where the Commission considers such disclosure to be in the public interest (s. 46). The Court of Queen's Bench dismissed the appellant's application, and the Court of Appeal dismissed the appeal.