BCSC's tipping case against Pollard stayed
2025-10-15 19:41 ET - Street Wire
Also Street Wire (C-WHN) Westhaven Gold Corp
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by Mike Caswell
Just over one year after filing the case, provincial prosecutors have dropped quasi-criminal charges that they were pursuing against West Vancouver's Shaun Anthony John Pollard in the Provincial Court of British Columbia. The B.C. Securities Commission had cited Mr. Pollard for tipping violations from 2018. The regulator claimed that he recommended someone enter trades while knowing an undisclosed material fact.
The end of the case is contained in a two-sentence news release that the BCSC issued on Tuesday, Oct. 14. The news release says nothing about the reasons for the case's termination, simply stating that it was stayed on Oct. 9. The court file says little as well, only bearing the notation "Stay of proceedings directed by Crown."
Having much more to say about the matter was Mr. Pollard's lawyer, Joven Narwal. He issued a news release in which he said that the prosecution's case collapsed amidst misconduct that included the attempted destruction of investigative records. He claimed that the BCSC had a practice of destroying notes, which "fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent."
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"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." This is standard policy at BCSC as they are "masters of their process".
Posted by Oh at 2025-10-16 09:04
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F24-20 sententence 217 2. The BCSC is not required under s. 12(1) to withhold the information I
have highlighted in pink in the copy of the records provided to the BCSC
with this order. The BCSC is required to give the applicant access to this
highlighted information.
3. Subject to item 4, below, I confirm, in part, the BCSC’s decision to
Posted by Oh at 2025-10-16 09:41
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F24-20 sententence 217 3. Subject to item 4, below, I confirm, in part, the BCSC’s decision to
withhold the information in dispute under s. 13(1).
4. The BCSC is not authorized under s. 13(1) to withhold the information I
have highlighted in pink in the copy of the records provided to the BCSC
with this order. The BCSC is required to give the applicant access to this
highlighted information.
Posted by Oh at 2025-10-16 09:43
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F24-20 sententence 217 6. The BCSC is not required under s. 22(1) to withhold the information I
have highlighted in pink in the copy of the records provided to the BCSC
with this order. The BCSC is required to give the applicant access to this
highlighted information.
Posted by Oh at 2025-10-16 09:44
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F24-20 sententence 217 8. The BCSC is required to reconsider its decision to refuse access to the
information I find it is authorized to withhold under s. 13(1) in records
BCSC002956, BCSC003597, and BCSC003599. The BCSC is required
to exercise its discretion and consider, on proper grounds and
considering all relevant factors, whether it should release this
information even though it is covered by the discretionary exemption. It
must deliver its reconsideration decision, along with the factors it
considered and the reasons for its decision, to the applicant and to the
OIPC registrar of inquiries by the compliance date set out in paragraph
218 below.
Posted by Oh at 2025-10-16 09:45
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F23-04 sentence 119 states For clarity, in light of my orders above, BCSC must disclose records 26
and 27 in full and must disclose records 23 and 25 in severed form. I have
prepared for BCSC copies of records 23 and 25, highlighted to show the
information it is authorized to withhold.
Posted by Oh at 2025-10-16 09:54
https://www.newswire.ca/news-releases/quasi-criminal-charges-stayed-against-former-executive-of-publicly-traded-company-841784764.html
Posted by Billy Bob Thorton at 2025-10-16 09:57
https://www.newswire.ca/news-releases/all-charges-dropped-against-shaun-pollard-crown-counsel-terminates-prosecution-amid-revelations-of-investigative-misconduct-and-systemic-failures-878995336.html
Posted by Billy Bob Thorton at 2025-10-16 09:58
https://www.newswire.ca/news-releases/all-charges-dropped-against-shaun-pollard-crown-counsel-terminates-prosecution-amid-revelations-of-investigative-misconduct-and-systemic-failures-878995336.html
Posted by Billy Bob Thorton at 2025-10-16 09:58
VANCOUVER, BC, Oct. 10, 2025 /CNW/ - Narwal Litigation LLP is pleased to announce that today all charges against Shaun Pollard, former Chief Financial Officer of Westhaven Gold Corp, have been formally dropped. Crown Counsel's decision to terminate the prosecution marks the end of a deeply troubling case that has exposed serious investigative misconduct and systemic failures within the BC Securities Commission (BCSC).
Mr. Pollard was charged in September 2024 with alleged insider trading and tipping offences under the BC Securities Act, relating to events that occurred more than six years ago.
The prosecution collapsed mid-trial during the cross-examination of the lead investigator by Joven Narwal, KC, which unearthed disturbing evidence of misconduct including the attempted destruction of investigative records by the investigator while under cross-examination and the revelation that the BCSC maintains a standing policy of destroying contemporaneous investigative notes, a practice that fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent.
Equally disturbing, the proceedings revealed that the enforcement branch of the BCSC failed to provide the criminal branch and Crown Counsel with exculpatory evidence that confirmed Mr. Pollard's innocence.
Further allegations of misconduct revealed through evidence included misleading a judicial officer to obtain an improper unendorsed arrest warrant and constitutional breaches arising from the humiliating public arrest of Mr. Pollard at his workplace by members of the Vancouver Police Department, in clear violation of the department's own handcuffing policy instituted after the 2021 unlawful arrest of Ret. Justice Selwyn Romilly in Coal Harbour and the 2019 improper handcuffing of an Indigenous grandfather and his twelve-year-old granddaughter in Downtown Vancouver.
"This conduct represents the antithesis of what is expected of state regulatory bodies, peace officers, and officers of the court," said Joven Narwal, KC. "It has brought the administration of justice into disrepute. Mr. Pollard has always maintained his innocence, and the evidence produced confirms it. I wish to sincerely commend Crown Counsel for their professionalism, integrity and for making the right decision in these extraordinary and disturbing circumstances."
"My client has maintained faith in the system throughout and we have always been confident that justice would prevail," Narwal, KC continued. "On his behalf, I express deep gratitude and relief that this ordeal has finally come to an end. He and his family can now begin rebuilding after a year of public scrutiny, professional damage, and personal turmoil. Although the truth has prevailed, no one should have to endure what Mr. Pollard and his family experienced."
Mr. Narwal, KC is now calling upon the BC Office of the Police Complaint Commissioner and the provincial government to initiate an independent investigation into the conduct and systemic practices of both the BC Securities Commission and the Vancouver Police Department.
"This case stands as a cautionary example of the dangers of overzealous, negligent, and flawed investigations where disclosure obligations are disregarded, exculpatory evidence is withheld, judicial officers are misled, and individual liberty is trampled upon. I believe the public needs to ask difficult questions about the culture at the BC Securities Commission. Its senior leadership should answer why these abuses of power and institutional failings were permitted to occur. It is clear to me that significant changes are necessary to prevent future abuses and to restore confidence in the regulation of BC's capital markets," said Narwal, KC.
SOURCE Narwal Litigation LLP
Media Contact: Narwal Litigation LLP, Email: admin@narwallit.com, Phone: 604-681-2226, Website: www.narwallitigation.com
Posted by Billy Bob Thorton at 2025-10-16 09:59
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F15-08 CONCLUSION
[41] For the reasons stated above, pursuant to s. 58 of FIPPA, I make the
following Order:
1. Subject to paragraph 2 below, BCSC is not authorized under s. 14 of
FIPPA to refuse to disclose the records in dispute.
2. BCSC is authorized under s. 14 of FIPPA to refuse to disclose the
following records: 1000893, 1000895, 1157579, 0227, 0231, 0233, 0628,
0639, 0640, 0666, 0667, 0670, 0671, 0672, 0674, 0675, 0677, 0678,
0679, 0681, 0695, 0713, 0939.
3. BCSC must comply with the terms of this Order by April 10, 2015 and
concurrently send the Registrar of Inquiries its cover letter to the applicant.
Posted by Oh at 2025-10-16 10:15
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F15-08 [13] Records in Dispute––There are 567 records in dispute all of which were
withheld under s. 14 of FIPPA. A CD-ROM with a copy of each record in PDF
format has been provided to me for the purpose of this inquiry.
CONCLUSION
[41] For the reasons stated above, pursuant to s. 58 of FIPPA, I make the
following Order:
1. Subject to paragraph 2 below, BCSC is not authorized under s. 14 of
FIPPA to refuse to disclose the records in dispute.
2. BCSC is authorized under s. 14 of FIPPA to refuse to disclose the
following records: 1000893, 1000895, 1157579, 0227, 0231, 0233, 0628,
0639, 0640, 0666, 0667, 0670, 0671, 0672, 0674, 0675, 0677, 0678,
0679, 0681, 0695, 0713, 0939.
3. BCSC must comply with the terms of this Order by April 10, 2015 and
concurrently send the Registrar of Inquiries its cover letter to the applicant.
Posted by Oh at 2025-10-16 10:17
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F14-24 [22] The first is a letter from the respondent’s lawyer to BCSC’s senior litigation
counsel to clarify if the records withheld under FIPPA have now been included in
the BCSC’s disclosure for the purposes of its hearing proceedings.
13 That letter,
and BCSC’s reply to it, reveals that BCSC has other records (in addition to those
which have been or will be disclosed through the hearing process), but it will not
disclose them because it believes they are irrelevant to the issues to be decided
at the hearing. Considering the respondent’s lawyer’s letter in context, the letter
is an attempt to clarify what has been disclosed in preparation for the BCSC
hearing. I disagree that this letter is evidence that the outstanding request, made
several months earlier, was made in bad faith or for a purpose other than to gain
access to information that the respondent requested.
Posted by Oh at 2025-10-16 10:24
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F14-24 [13] BCSC’s Position––BCSC submits that the records at issue in the
outstanding request are the same records that the respondent received through
the BCSC hearing process, namely everything that was of any relevance to that
hearing process.7
[14] BCSC submits that the outstanding request interferes with the purpose of
the Securities Act to establish the BCSC as an independent tribunal in control of
its own processes, and that it was not the intention of the legislature that FIPPA
supplement the procedures of the Securities Act.
Posted by Oh at 2025-10-16 10:25
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
Order F14-24 [33] In its reply submission, BCSC points to the respondent’s submission that
he wants the requested records so that he can “properly defend myself against
such egregious abuse of the legal process by the BCSC.” BCSC submits that
the tone and content of his response “proves his request’s misguided and
vexatious nature and his abuse of FIPPA for ulterior and frivolous purposes.”28
I do not accept that assessment. The respondent’s stated objective of obtaining
information in order to defend himself and challenge BCSC’s case is not an
abuse of the rights conferred under FIPPA. Clearly, the respondent is not
satisfied with just receiving the information that BCSC tells him is relevant to the
issues before the BCSC. It is not unreasonable that the respondent might want
to form his own opinion about what information is or is not relevant to his
defence.
Posted by Oh at 2025-10-16 10:31
"fundamentally undermines core disclosure obligations guaranteed by law to ensure fair trials and to protect the rights of the presumptively innocent." Office of the Privacy Commission of British Columbia (OIPC) has issued orders against BCSC for "abuse of power".
This abuse of power has been normal due course process at BCSC.
Posted by Oh at 2025-10-16 10:33