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ARTICLE · 17 FEBRUARY 2020

An Investigator's Misconduct Can Lead To A Stay Of Proceedings

Norton Rose Fulbright Canada LLP
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In the last 5 years, investigators with the Quebec securities regulator, the Autorité des marchés financiers (AMF)

CanadaLitigation, Mediation & Arbitration
Sophie Melchers
Sophie Melchers
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In the last 5 years, investigators with the Quebec securities regulator, the Autorité des marchés financiers (AMF), have more and more often turned to authorizing judges to secure search warrants allowing them to enter people's homes and collect evidence. The hearings before the authorizing judges are held ex parte and authorization is granted on the basis of the affidavit filed by the AMF investigator.

Despite the Zalat v. R. (2019 QCCA 1829) being a criminal case, the teachings of the Quebec Court of Appeal, described below, are easily transposable to a securities litigation setting.

The Quebec Court of Appeal in Zalat ordered a stay of the proceedings against Zalat for possession and careless storing of a restricted weapon, on account of the misconduct of the main investigator, Sergeant-Detective McCann, which was found to have undermined the integrity of the judicial process. The firearm had been seized by the police during the execution of a search

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