David Sharpe to Appeal Ontario Capital Markets Tribunal Decision Citing Regulatory Overreach, Charter Violations, and Abuse of Process
Mr. Sharpe, a member of the Mohawks of the Bay of Quinte, former Chair of the First Nations University of Canada and past CEO of Bridging Finance Inc., did not participate in nor was he present during the course of the hearing. He adopted this position in light of the summary dismissal of his motion to stay the proceedings which ignored the Tribunal's finding that OSC staff had unlawfully disclosed his compelled testimony causing irreversible harm to his career and reputation.
Brian Greenspan, counsel on behalf of Mr. Sharpe noted that "This appeal not only relates to Mr. Sharpe—it engages the right of every Canadian to be protected from abuse of state power. When a public agency violates the statute which governs its operation, admits the violation and yet no remedy or accountability is provided, fundamental fairness and confidence in the adjudicative process is jeopardized."
The appeal also raises issues of systemic discrimination including the failure of the OSC to investigate Mr. Sharpe's written complaint of racism. The focus of the appeal is whether "public bodies can break the law and then change the law after the fact to justify their actions. That is not how the rule of law should work in a democracy."

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