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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Dangerous questions

Thursday, May 14, 2015 @ 8:00 PM | By Linda Fuerst

Canadian residents are increasingly drawn into investigations by regulatory authorities in multiple jurisdictions, particularly in the securities arena. Provincial securities commissions regularly share compelled evidence with each other, and with their U.S. counterparts. Canadian securities legislation also permits provincial securities commissions to appoint staff of foreign regulators to domestic investigation orders, allowing them to compel testimony from Canadian residents for use in foreign proceedings.

This poses special risks to Canadians because of the differing ways in which the protection against self-incrimination is afforded in each country....