Enforcement Effectiveness in the Canadian Capital Markets

Capital Markets Institute, Forthcoming

29 Pages Posted: 6 Jul 2012 Last revised: 30 Oct 2013

See all articles by Poonam Puri

Poonam Puri

York University - Osgoode Law School

Date Written: December 1, 2005

Abstract

This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure the wide discretion that is afforded to them in designing enforcement strategies and policies that are effective, fair, transparent and accountable. This study also examines the current allocation and division of enforcement responsibilities in respect of the capital markets amongst the numerous entities involved and explores contentious issues related to the current overlapping and concurrent jurisdiction. Finally, this study examines the issue of data and in particular, data comparisons on enforcement effectiveness with the United States.

Keywords: canadian, capital market, criminal law, misconduct, securities

JEL Classification: K14, K20, K22, K23, K41, K42

Suggested Citation

Puri, Poonam, Enforcement Effectiveness in the Canadian Capital Markets (December 1, 2005). Capital Markets Institute, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2100420

Poonam Puri (Contact Author)

York University - Osgoode Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

HOME PAGE: http://www.osgoode.yorku.ca/faculty/Puri_Poonam.html

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