Quebec’s financial regulator, the Autorité des marchés financiers, has asked a Montreal court to back up its powers to compel testimony or documents.
The AMF reports that it has filed a motion in Superior Court seeking a special rule ordering Jean-Pierre Nadeau to appear in court to answer a charge of contempt of court. It says that Judge Pierrette Sévigny allowed the motion and ordered Nadeau to appear before the Superior Court on July 28.
Under Quebec’s Securities Act, AMF investigators have the power to compel a person to testify and/or deliver certain documents. If the person fails to cooperate, the AMF may file a motion for the issuance of a special rule ordering the person to appear in court to answer a charge of contempt, or it may institute penal proceedings.
On December 17, 2003, the Commission des valeurs mobilières du Québec (now the AMF) ordered an investigation, and it summoned Nadeau by subpoena. It reports that he appeared at its offices on June 2, accompanied by his attorney. However, he refused to answer the questions asked by the investigator and provide the documents required by the subpoena.