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Showing posts from December, 2011

Is the Federal Government’s Proposed National Securities Regulator Constitutional?

 Image from The Lawyers Weekly  The Supreme Court of Canada (SCC) will release its answer to this question tomorrow. The federal government posed the reference question to the court: is securities regulation subject to provincial or federal jurisdiction as set out by the Constitution Act, 1867 ? The Constitution Act sets out the division of powers, which determines what issues are under the control of the provinces- like education health- and what things are governed by the federal government- such as criminal law and copyrights. In reality there is a lot of overlap between the two. If securities regulation is a matter of “property and civil rights”, it is subject to provincial jurisdiction. If it is a matter of “trade and commerce”, it will fall within the domain of the federal government.  Not all the provinces are happy with the idea of a nationwide securities regulator, which was proposed by Finance Minister Jim Flaherty in May 2010. In fact, Ontario seems to