Constitutional Complexities Involved in the Implementation of a Federal Securities Regulation Regime in Canada: The View from 2009

Abstract

For several decades politicians and players in the securities industry have been pushing for the creation of a federal securities regulator in Canada. This paper explores the constitutional issues involved. Because of the complex nature of the issues affected, it is unlikely that the court would uphold all securities regulation as an exclusively federal concern. Instead, there would be large areas of concurrent jurisdiction.