The British Columbia Securities Commission commenced an investigation into a company following a report disclosing questionable expenditures.
The appellants, two officers of the company, were served with summonses compelling their attendance for examination under oath and requiring them to produce records pursuant to s. 128(1) of the Securities Act.
The appellants challenged the summonses, arguing that s. 128(1) violated their rights against self-incrimination under s. 7 and their right against unreasonable search and seizure under s. 8 of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that the predominant purpose of the inquiry was regulatory rather than penal, and thus did not violate s. 7.
The Court also held that the compelled production of documents did not violate s. 8, given the lower expectation of privacy in a highly regulated industry.
