What if Justice Becomes Blind...to the Truth?

July 11, 2016

Open Letter

To:  Chief Justice Beverley Mclachlan, Ottawa

Re:     Under the Alberta Securities Commission category of “Investment scams”, comes this story of one Alberta Judge who falls for the scam twice in his courtroom, while justice for Canadians seems to lose something in the process.

I write out of confusion and bewilderment about two cases recently heard where the same  judge was able to ignore the most crucial items of evidence. The Alberta Securities Commission has recently produced a clarifying document regarding the various titles (real vs falsified) used by investment salespersons, verses the actual true license or registration categories.  This bulletin falls under the title of “Investment scams”, and it was allowed to scam the justice system twice by the same judge.

When the information (the true license and registration information, verses the false-representations made by investment salespersons) was brought into two trials recently held in Alberta,  the Judge could not “see any misrepresentations”.  Even when witnesses claimed to be licensed investment “advisors”, while the judge held in his hands their true registration documents, which showed this testimony to be false,  the judge still ruled that he saw no misrepresentation. To witness this was akin to witnessing an act of blindness. 

In both cases much of the essential harm of the case, resulted from misrepresentation, license concealment, and professional deception.  In some areas this is considered fraud.  In this Judge’s courtroom, it seemed that status, storytelling, or some other value was of higher importance than these most crucial facts.  I am left with serious doubts as to whether the truth matters in court, and whether Canadians can be protected from professional deception, when it is performed by our most "trusted" institutions.  I write to point this out in hopes that other Canadians do not have to suffer similarly.  I worked inside the banks and saw how very easily it was for them to rig the game, against clients and for themselves.  To imagine that our systems of justice may be so easily rigged, and to witness that apparently take place in front of my eyes, is beyond my imagination.

By way of support, the enclosed report (linked below) by the Alberta Securities Commission clarifies some of the deception and misrepresentation issues heard.  The majority of persons in Canada who represent themselves as “advisors”, are representing themselves to the public in a falsified manner. Without possessing that license (advisor) nor the professional duty of care implied, it is a simple marketing ruse, and it is sadly, standard industry practice in investment banks and dealers.   It is also acceptable to the firms since they are very “self” regulating.  To see it made acceptable by a judge as well, put into doubt the very objectivity of an institution which ought to be held above doubt.  Our courts.

For the same Judge, in Alberta, to hear two cases in the last eight months where this principle (professional deception) was exposed, fully documented, and for this judge to claim to have seen no misrepresentation is incredulous, to say the least.  Canadian society loses billions when simple investment scams, and misrepresentation are invisible in our courts.  

Larry Elford

Lethbridge, Alberta

ALBERTA SECURITIES COMMISSION NOTICE  Category:  Scams

http://www.albertasecurities.com/investor/investor-resources/you-ascd-bl...

cc: Justice, W. Patrick Sullivan, Calgary