This week, the Supreme Court of Canada will decide whether to hear an appeal involving a proposed Charter challenge being raised in connection with an enforcement action brought by the British Columbia Securities Commission (BCSC).
On April 9, the Supreme Court will issue its decision on an application for leave to appeal a decision of the Court of Appeal for B.C. in the case of a former advisor who is facing enforcement proceedings by the BCSC, Jean Andre Lamarche, who it accused of engaging in unregistered trading and advising.
Last year, the Court of Appeal for B.C. ruled that the regulator’s enforcement case against him could go ahead, pending a possible appeal to the Supreme Court of Canada brought by Lamarche, seeking to challenge the constitutionality of a provision of the provincial securities law.
Lamarche has argued that the BCSC breached his Charter rights by seizing communications from an internet service provider that, he argued, is protected by solicitor-client privilege. And, he argued that the section of the securities act that allowed that seizure to take place is unconstitutional.
Before the BCSC’s case against him could be heard, Lamarche filed a court challenge in provincial court, seeking damages from the BCSC, and alleging that his Charter rights had been violated.
In response, the BCSC applied for a stay of the constitutional claims, arguing that the enforcement proceedings should be completed first, and that Lamarche’s claims for punitive damages, and damages for alleged privacy violations, from the regulator should be struck down.
In June 2024, the B.C. Supreme Court granted the regulator’s application, staying the claims and striking down the claim for punitive and privacy damages.
Lamarche appealed, and, in a May 2025 decision, the Court of Appeal partly allowed that appeal.
While the appeal court sided with the lower court, and the regulator, in ruling that the enforcement proceeding should be allowed to play out, it also set aside the order striking down the claims for punitive damages and damages for alleged privacy breaches.
Now, the Supreme Court is set to rule on whether Lamarche can have leave to appeal that decision.