Does the Rule of Law Not Apply to the Financial Markets? What Happened to Civil Rights and Due Process?

How can a Regulatory agency mandated with Enforcement and Regulation operate with no regard for due process or the Rule of Law? How can a Regulatory agency with Criminal prosecution powers be allowed to prosecute individuals using only the testimony of one investigator proven to perjure herself multiple times? What kind of legal 'court' holds hearings without recording them?



"Mr. Harris, I have previously answered your email. Simply repeating your demands will not change the answer. There is no transcript for the Oct 8th 2014 Hearing management meeting conference as it was no audio recorded."

Ms Teresa Michell-Banks QC, Director, Criminal Enforcement Division at BCSC

What happened to due process and the Rule of Law? U-GO Brands directors have been denied any due process and adherence to the Rule of Law in regards to their dealings with the BC Securities Commission. We have been told repeatedly by public officials and lawyers that theres not much they can do since its a "Securities" issue. Our problem with that is that this is simply a blind excuse to let the BC Securities Commission act in an arbitrary and malicious manner when prosecuting the U-GO Brands directors. Are the financial markets now deemed free from the rule of law??

 The BC Securities Commission has the power to seize assets and prosecute people under Criminal Law as well as under Civil Law through its Tribunal Process.

If the BC Securities Commission is going to have these types of powers, the power to destroy some ones life they had better ensure due process and the rule of law are key in every investigation and judgment rendered or they themselves will be legally compromised and in no position to make a credible ruling. Our case is exactly such a case. This is not simply a question of a Securities infraction, this is a matter of civil rights.  We have the right to be treated as innocent until proven guilty, Securities market or not.

 The BCSC did not extend us that right when it published defamatory material it knew to be false when printed. The attached are pictures evidence our position, one is from our lawyer and a conversation he had with investigator Lindsey in early 2014.  In this conversation Lindsey mentions that the BCSC was aware that Lorne and Peter Harris did not take the money in question yet continued to try to prosecute them for it.

 To this day we still have a fee facing us of $650K, fees by legal definition are only applicable in cases of fraud where ill gotten gains were retained.

In our case the BCSC could prove neither because we are as innocent as we were the day we went to them for help.

 Notice this is in April 2014, why did the prosecution continue to try and pin a crime on Lorne and Peter Harris when they knew them to be innocent?

 In another flagrant contravention of Law the BCSC held two hearings, one on October the 8th and the other on Oct 31st 2014. It has withheld the transcripts from both hearings insisting they do not exist even though we all had to say our name for the stenographer who was there and recorded the entire process. The other photo attachment is evidence of Ms Mitchell Banks where she states insisting there never was a record of the Oct 8th 2014 hearing when we asked for the transcript.

 The thing here is even if she were telling the truth and we all imagined the stenographer present the BC Securities Commission would still be in contravention of Supreme Court Law which demands they record such hearings even if they are preliminary.

  How can the BC Securities Commission be trusted to act in a fair and unbiased manner when making any legal decisions if this type of behavior is commonplace? These are just a couple examples of the BC Securities Commission and its complete disregard for the rule of law and justice.

I have also attached a evidence of lead investigator Ms Lindsay perjuring herself under oath as she did more then once. The third picture is of Court documents evidencing our position and was taken from  a hearing transcript in which Ms perjured herself. The A. answers are Ms Lindsay . The fourth picture is a document from TD Waterhouse which provides evidence to our claims of perjury.

 The entire case against us is based on her testimony and affidavits, they are destroying our lives and a viable company with over 400 shareholders based on a testimony of lies. Why does the BCSC hide from the truth?

 We simply do not trust the BC Securities Commission as they have been nothing but deceptive, vindictive,  and malicious during the entire prosecution. Why all the lies? What does the BCSC have to hide?

The following links will provide more information

 Christopher Burke

 Director - U-GO Brands

 Peter Harris

 Director - U-GO Brands


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