Case information

Charter of Rights — Self incrimination — Criminal law — What qualifies as “testimony” under s. 13 of the Charter — Does “testimony” in s. 13 of the Charter included a signed unsworn agreed statement of facts by an accused in an administrative proceeding, where the accused is a compellable witness in that administrative proceeding — What should be the general framework for s. 13 of the Charter — s. 13 of the Charter of Rights and Freedoms.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant, Mr. Cameron, was the President, Secretary, and sole director of VTI, an Alberta company which he incorporated in 2002. In 2005, the British Columbia Securities Commission (BCSC) determined that VTI violated securities law by distributing securities to British Columbia residents without complying with relevant registration and prospectus requirements. The BCSC also determined that VTI’s password protected website gave false information about the monthly return of its preferred shares to investors, and that the applicant was responsible for VTI’s illegal distribution and its misrepresentation to shareholders. The BCSC and the applicant entered into a Settlement Agreement in April 2005. The applicant was convicted of fraud and tax evasion. The Court of Appeal dismissed the applicant’s appeal. The Court of Appeal held that the protection of s. 13 of the Charter applies only to sworn testimony provided in an earlier proceeding.