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Alberta Securities Commission
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For further information
please contact Anne Landry
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Public National Inquiry to better protect the
rights of Individuals |
08 May 2008 |
08 May 2008 |
08 May 2008 |
|
Request |
Brief |
Distribution
List |
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Submission to the
Expert Panel on Securities Regulation |
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15 July 2008 |
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In
conclusion, as is clearly evident from my case, the enforcement
of securities and privacy legislation in Canada is apparently
not working to protect the rights of individuals – including
investors. Instead – and alarmingly – apparently enforcement in
Canada is being used to COVER-UP the apparent wrongdoings of
organizations and of enforcement bodies much to the harm of the
vulnerable individuals who place their trust in these
organizations and enforcement bodies.
- Anne
Landry, M.B.A. |
I
request that a Public National Inquiry
involving my case be immediately scheduled to be held in
2008. My case is a study of regulators/enforcement bodies of
securities and privacy legislation apparently being “in
bed” with the powerful organizations they are
regulating much to the harm of the “less powerful”
individual Canadians who have placed their trust in them. I
request an investigation regarding
apparent fraud/obstruction of justice involving ATB
Investor Services/ATB Financial (the Crown Corporation of
the Alberta government), the Alberta Securities Commission
(the provincial securities regulator) and the Alberta Office
of the Information and Privacy Commissioner (OIPC).
I
request an immediate halt to the
activities of the Expert Panel on Securities Regulation
pending the outcome of a Public National Inquiry and pending
ensuring that a majority of the Panelists on the
Expert Panel are representative of
investor/consumer/individual interests in Canada.
I make
other related requests...
In
issuing my Request for a Public National Inquiry/Hearings I
join individuals and organizations representing over 4
million Canadians that are similarly requesting a Public
National Inquiry into apparent wrongdoings involving the
securities and white collar crime enforcement systems in
Canada that are an apparent embarrassment to Canada
internationally:
|
A. |
The Honourable John
McCallum, Federal Liberal MLA
Markham-Unionville, Ontario, Liberal Finance Critic
and Member of the Standing Committee of Finance (FINA)
in the Financial Post Opinion Editorial dated
Thursday April 17, 2008 entitled “The
ABCP crisis: Canadians want answers”. |
|
B. |
Ken Georgetti,
President of Canadian Labor Congress (CLC) in
his Open Letter dated April 8, 2008 entitled “Financing
the Bankers Funeral: What the ABCP Swindle Means for
Working Canadians”
The Canadian Labour
Congress is the largest labour federation in Canada
representing 3.2 million working women and men who
have pension plan investments estimated at over 300
billion dollars. |
|
C. |
The National
Pensioners & Senior Citizens Federation (450
clubs and chapters with 1,000,000 members), the
United Senior Citizens of Ontario (1000 clubs
with 300,000 members) and the Small Investors
Protection Association are jointly requesting a
national inquiry on the malfunctioning of Canada's
securities and accounting regulation and white
collar crime enforcement system as per the
NPSCF-USCO-SIPA
Media Release
dated April 26, 2007.
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 |
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STAND!
|
Your silence will not be
enough to ensure you have the rights under privacy and
securities legislation
that you think you have at the
time you most urgently need them
My
Exhibits Tell the Story. And the story that is told
is that...
|
a) |
Over the past
four+ years of my struggle for my rights under
privacy and securities legislation even as I
struggled to survive, I have come to the
alarming awareness that the greatest obstacles
to me obtaining my rights have apparently been
the very organizations of the Conservative
Alberta Government that are tasked with
appropriately enforcing my rights under law –
the Alberta Securities Commission and the
Alberta Office of the Information and Privacy
Commissioner. As well, it seems that ATB
Financial/ATB Investor Services as a Crown
corporation of the Alberta Government and that
the Alberta Securities Commission as the
provincial securities regulator are apparently
above the law. |
|
b) |
I still do not
access from ATB Investor Services/ATB Financial
to my “Know-Your-Client” documents
regarding my locked-in (pension-related) and
non-locked in RRSP mutual fund investments held
by ATB Investor Services that were involved in
the circumstances of ATB’s abrupt termination of
me effective September 12, 2003 – although the
documents themselves reveal my entitlement to
them as my personal information. |
|
c) |
I still do not
have access from ATB Investor Services/ATB
Financial to, nor the completeness and accuracy
of/correction of my information as per my
“Correction Statement” and as regarding
my performance and circumstances of ATB’s abrupt
termination of me effective September 12, 2003
as an Investment Specialist “Trainee” with ATB
Investor Services. Nor do I have correction of
my information in the National Registration
Database/Alberta Securities Commission as per my
“Correction Statement”. This is despite
securities
standards/policies/rules/regulations/legislation
and privacy legislation/precedent that
apparently validates my requests for access to
and correction of my information that I
long ago needed to obtain re-employment.
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|
· |
The apparent
failure of the Alberta Office of the Information
and Privacy Commissioner (OIPC) to ensure the
completeness and accuracy of my information in
the National Registration Database – the
national and permanent database used by
Investment Advisors in Canada to obtain and
maintain accreditation to sell mutual
funds/securities (http://www.nrd-info.ca)
- raises serious concerns
about the accuracy and safety of information in
other databases under the oversight of the
Alberta OIPC including the Netcare electronic
health records databas(http://www.albertanetcare.ca).
|
|
|
· |
Alberta OIPC Order F2006-017
regarding my information has held by the
National Registration Database/Alberta
Securities Commission reveals that apparently
for the past several years the Alberta
Securities Commission has argued that it does
not have custody and control of the National
Registration Database*. The Notice of Collection
and Use of Personal Information in
Multilateral Instrument 33-109 (excerpts)
that governs the National Registration Database
leaves little doubt as to the enforcement and
administrative responsibilities of the Alberta
Securities Commission. The
apparent lack of enforcement of the National
Registration Database by the Alberta Securities
Commission is a serious issue that needs to be
immediately addressed.
NOTE: The National
Registration Database (NRD) is the national and
permanent database that Investment Advisors in
Canada use to obtain and maintain accreditation
to sell mutual funds/securities. Information
about and the securities legislation governing
the National Registration Database can be found
at www.nrd-info.ca. |
|
d) |
I still do not
have access to the information regarding my sick
days off and other related information from ATB
that would have established my entitlement to
receive the “peace of mind” health benefits that
I had contracted to receive. ATB Investor
Services/ATB Financial abruptly terminated me
effective September 12, 2003 at a time that I
was sick and unable to work my due to the
apparent hostile environment at ATB at a time
that I was receiving short term disability
(“sick pay”) from ATB Investor Services/ATB
Financial – who was my disability insurance
provider as well as my employer. ATB abruptly
cancelled my entitlement to short and long-term
disability benefits effective September 8, 2003.
At the same time ATB withheld from my Record of
Employment and moneys owed to me counter to
Employment Standards and Human Resources
Development Canada – initially disqualifying me
from receiving Employment Insurance (EI) at a
time that I was sick and unable to work and had
no other means of support. |
|
e) |
I still am not
assured of the security of my personal
information as held by ATB Investor Services/ATB
Financial as a result of the apparently
unresolved serious breach of security of
personal information apparently affecting
ATB’s past and current employees.
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| |
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Please STAND! Please write/email your
requests regarding the following to the
contacts in my request for a Public National
Inquiry: |
| |
|
1. |
A Public
National Inquiry be immediately scheduled to be
held in 2008 regarding apparent wrongdoings
involving enforcement of securities and privacy
legislation and the white collar crime
enforcement system in Canada. |
|
2. |
A halt to the
activities of the Expert Panel on Securities
Regulation that is tasked with designing the
future securities enforcement regulatory
structure and legislation in Canada pending the
results of a Public National Inquiry and pending
ensuring that a majority of the Panelists are
representative of investor/consumer interests.
A Public National
Inquiry with hearings into wrongdoings involving
investors/consumers/ individuals will ensure
that an effective solution is implemented. As
well, a relevant solution protecting the
interests of investors/consumers is only
possible with an Expert Panel on Securities
Regulation that is composed of a majority of
investors/consumer/individual interests. The
current Expert Panel on Securities Regulation is
apparently currently dominated by Panelists from
industry who are apparently representative of
the serious problems regarding lack of
enforcement, lack of accountability and lack of
transparency in Canada – and consequently the
Panel’s success in effectively representing the
interests of investors/consumers/individuals is
jeopardized.
Note the
Expert Panel on
Securities Regulation. |
|
3. |
A halt to any
changes in securities and privacy legislation
pending a Public National Inquiry. This
includes a halt to Amendments proposed in the
Final Report of the Alberta PIPA Review
Committee
that was tabled in the Alberta Legislative
Assembly on November 14, 2007 without first
tabling a Preliminary Report for commentary by
the Public as is require according to
Alberta PIPA Review Committee Terms of Reference.
Also, this includes a halt to Amendments
proposed in the
Final Report of the BC PIPA Review Committee
that
was tabled in the British Columbia Legislative
Assembly on April 17, 2008. Both Final Reports
propose Amendments that apparently covertly –
and not so covertly - strip the rights of
individuals regarding access to, completeness
and accuracy of, confidentiality of and security
of individual’s own information at a time that
few individuals are aware
of their rights or of the PIPA Review processes.
The PIPA Review processes reveal an apparently
blatant lack of accountability and transparency
that is apparently very harmful to individuals
in Alberta and British Columbia – and by
precedent and harmonization of legislation – to
individuals across Canada. A Public National
Inquiry is warranted to address the apparent
assault on the rights of individuals by the very
enforcement bodies that are tasked with
enforcing the rights of individuals.
|
|
4. |
Justice for me.
Justice for me affects justice for others
similar to me including investors,
Investment Advisors, employees, salespeople,
insured people and others such as I was as a
result of my employment with ATB Investor
Services/ATB Financial and RBC Royal Bank/RBC
Mutual Funds Inc.
I stand for the
rights of individuals in Canada who have no
voice and
who do not know
they need to have a voice.
I stand for a
government that forwards the rights of
individuals.
I request that you
now also stand. |
|
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|
My
Exhibits Tell the Story
Apparent lack of enforcement of
securities and privacy legislation AND apparent lack of safety of
information including information regarding investments –
much to the apparent harm of investors,
Investment Advisors, employees,
salespeople, insured individuals and others across Canada…
The rights of an
Individual regarding access to, completeness and accuracy
of/correction of, confidentiality of and security of his/her own
information are fundamental basic rights that are apparently
being ignored in enforcement processes/precedent and in changes to
legislation in a current environment of apparent lack of enforcement
of securities and privacy legislation
Recent precedents by the Alberta Office of the Information and
Privacy Commissioner (OIPC) and the Final Reports of the Alberta
PIPA Review Committee and British Columbia PIPA Review Committees
apparently strip individuals of their basic fundamental human
rights regarding access to, completeness and accuracy of,
confidentiality of and security of their information.
IN
PERSPECTIVE:
The Canadian Business
Cover Story dated September 24, 2007 entitled:
“A Good Country for Crooks: If you suspect Canada is soft on
white-collar crime, these Mounties have news for you: it’s worse
than you think – Welcome to La-La land” (in
Exhibit #8/A Good Country for Crooks - Welcome to La-La land)
states the following at pg 24:
|
Bill Majcher |
“Does Canada deserve its reputation as a haven for
white-collar crime?"
Majcher
[a former member of the elite Integrated Market Enforcement Team –
IMET – RCMP squad created to combat white collar crime in Canada]:
Canada is seen as a haven for criminals.
We have strong trust laws, a strong and
stable banking system, strong privacy legislation and weak
enforcement.”
[Emphasis
added] |
|
Anne Landry’s case reveals that the “strong”
legislation referred to above is apparently being eroded by
precedent such as per the “Orders of Opportunity” rendered by the
Alberta OIPC regarding her information and by changes to legislation
such as the Recommendations emanating from the Alberta PIPA and BC
PIPA Review processes.
Alarmingly,
precedent and legislation that should be protecting the rights of
individuals are now apparently being used to strip individuals of
their rights: an apparent assault on the rights of individuals is
occurring at the time that few are aware of their rights under
privacy legislation. Importantly, Importantly,
Anne Landry’s case and the
issues she raises reveal that the apparent lack of accountability
and apparent lack of enforcement of securities and privacy
legislation is no longer a problem –
it is an emergency that requires an immediate radical solution. |
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|
I |
|
The rights of individuals regarding access to, completeness and accuracy
of, confidentiality of and security of their personal information are recognized
to be basic human rights in other countries, but apparently not in practice in
enforcement and in legislation in Canada.
This occurs in an environment of apparent lack of enforcement of securities
and privacy legislation in Canada. What happened
to Anne Landry is not NEW and demonstrates the apparent lack
of safety of information, including information regarding
investments. |
|
|
A. |
Plenary
Speaker’s Presentation by Karen Curtis Australian Privacy Commissioner as at the PIPA Conference 2007 held in Vancouver, British Columbia on September 20 & 21,
2007
and as co-hosted by Frank J. Work,
Alberta Privacy Commissioner and by David Loukidelis, Privacy Commissioner of
British Columbia
‘Privacy is an
inherent human right,
and a requirement for maintaining the human condition with dignity and respect.’
‘remember it’s their information, not
yours’. [Emphasis
added]
|
|
Karen Curtis
Australian Privacy Commissioner |
PIPA Conference 2007
‘Private Sector Privacy in a changing world’
Plenary Speaker
Top ten privacy issues |
20
September 2007 |
|
|
Rights to
Individuals’ information are Basic Human Rights
Anne Landry |
23 April 2008 |
|
|
B.
|
Anne Landry’s “Correction Statement” and the evidence that apparently
proves it.
ATB Investor
Services/ATB Financial and the Alberta Securities Commission have refused to
correct Anne Landry’s information in their files and as provided by ATB Investor
Services/ATB Financial to the National Registration Database/Alberta Securities
Commission under Section 84 of
Alberta Securities Act and under
Multilateral Instrument 33-109 (excerpts) that govern the National
Registration Database (http://www.nrd-info.ca).
The Alberta Office of the Information and Privacy Commissioner (OIPC) has
apparently failed to Order ATB Investor Services/ATB Financial and the Alberta
Securities Commission to correct Anne Landry’s information in their records and
in the National Registration Database as per: |
|
APPENDIX A-2a: |
Landry's
“Correction Statement” and the objective evidence
that serves to prove it” |
|
APPENDIX A-2b |
APPARENT ASSAULT ON THE RIGHTS OF INDIVIDUALS:
“Orders of Opportunity” by the Alberta Office of the
Information and Privacy Commissioner are apparently
harmful to many in Canada |
|
i. |
|
Alberta OIPC Order F2006-005,
dated November 15, 2007 by Frank J. Work, Alberta
Privacy Commissioner, under Alberta Personal Information
Protection Act (PIPA) involving ATB Investment Services
(“ATB Investor Services”) and Alberta Treasury Branches
(“ATB Financial”) regarding Request for Review #P0008.
The Inquiry was regarding Anne Landry’s access to,
completeness and accuracy of and confidentiality of her
information as held by ATB and as provided by ATB to the
National Registration Database/Alberta Securities
Commission under Section 84 of
the
Alberta Securities Act
and under
Multilateral Instrument 33-109 (excerpts)
as per the Alberta OIPC Notice of Inquiry dated February
22, 2005 (in
Exhibit #1 - Ex. 2/R1-CH).
The
extended deadline for five copies of the written
responses under Inquiry was May 2, 2005. Anne
Landry provided over 175
pounds of information and
Exhibits to the Alberta OIPC in my
written response under Inquiry as per the Purolator
receipt dated April 29, 2005 in
Exhibit #44g.
Note the
precedent-setting decisions in
Alberta OIPC Order F2006-005 that are apparently harmful to many in
Canada at a time that few are aware: |
|
|
a) |
Apparently disentitles Investment Advisors as
a class of people access to their information -“information about investment advisors” (at Issue H). |
|
|
b) |
Apparently disentitles investors access to their own “Know-Your-Client”
information regarding their investments including Client Account Agreements. No
Alberta OIPC Order was made to provide these to Anne Landry. This apparently
affects ATB Financial’s approximately 600,000 customers who, like Anne Landry,
were customers of ATB Investor Services/ATB Financial. |
|
|
c) |
Apparently disentitles salespeople (and Executives and others)
access to their own information “sales management pipeline reports” by which their performance
is evaluated and they are compensated by variable pay/bonus/commissions (at
Issue H). This apparently affects many in sales roles including: Investment
Advisors; Financial Services Representatives; Real Estate Agents; Insurance
Agents; salespeople in the oil and gas industry and in the telecommunications
industry; car sales people; retail sales people, and others… |
|
|
d) |
Apparently disentitles employees/individuals as a class of people to their own information under situations of
wrongful dismissal/litigation (at Issue F, para 39). This affects many
employees across Canada including the approximately 4,100 individuals who- like
Anne Landry was – are employees of ATB Investor Services/ATB Financial. |
|
|
e) |
Apparently disentitles employees to
their factual information regarding
their performance and only apparently allows employees access to opinions/rumours
regarding their performance if written on the objective information (at Issue H, para 51.) |
|
|
f) |
Apparently disentitles insured individuals access to their information
that would enable them to qualify for the “peace of mind” insurance they have
contracted to receive from insurance providers (who may also be their
employers). No Alberta OIPC Order was made to provide these to Anne Landry. |
|
|
g) |
Apparent COVER-UP of apparent wrongdoings
involved in the circumstances of ATB Investor Services’/ATB Financial’s abrupt
termination of Anne Landry that are revealed in
Exhibit #27b/ATB PIPA #27
, dated August 27, 2003 that
states:
|
|
APPARENTLY INAPPROPRIATE CONDUCT - BY ANY
STANDARD
“Can you please read this. I am so ticked off
that it is all I can do to not go over to the CCC [ATB Financial Customer
Contact Centre] and throw her out a window.
I know what I want to answer, however, have to calm
down long enough not to kill. What gives her the experience to think
she can have all of the answers on her first call, and I know if you speak to
Helen [Helen Rawa – Manager Investment Solutions Coaching] about this, Helen
will be just as mad as I am.”
[Emphasis added]
NOTE: MFDA Rules and Policies in
Exhibit #22/T0,
Exhibit #22/T1-A, and
Exhibit #24/T1-B define the role of a Compliance Officer and
apparently do not include the conduct demonstrated above. |
|
The
comments above concerned Anne Landry’s first (ever) mutual fund trade as a “New
Registrant” (on August 11, 2003) that was completed while Anne Landry was
training as an Investment Specialist “Trainee” on the Wealth Management Team at
the ATB Financial Customer Contact Centre in Calgary, Alberta and that was
approved by two levels of ATB Investor Services management only to be cancelled
by an ATB Investor Services Securities Compliance Officer. The response in the
quote above was provided by who Anne Landry believes to be an ATB Investor
Services Securities Compliance Officer in apparent response to Anne Landry
request to ATB to honour the “Know-Your-Client” investment instructions of a
business mutual fund ATB Investor Services customer (in
Exhibit #27a/ATB PIPA #8 & #9, dated August 27, 2003).
In
Alberta OIPC Order
F2006-005
at Issue Q, the Alberta OIPC apparently failed to identify the person who made
the comments above. |
|
ii. |
Alberta OIPC Order F2006-017,
dated
September 18, 2007 by Alberta OIPC Adjudicator
Lise McAmmond regarding Request for Reviews #3112
and #3113 and
Alberta OIPC Order F2006-022,
dated August 21, 2007 by Alberta OIPC
Adjudicator Teresa Cunningham regarding Request for
Review #3309. Both Inquiries were under the Alberta
Freedom of Information and Protection of Privacy (FOIP)
Act involving the Alberta Securities Commission and
concerned the completeness and accuracy
of/correction of Anne Landry information in the
National Registration Database/Alberta Securities
Commission as a result of ATB’s provision of
information regarding her under
Section 84 of the
Alberta Securities Act
(Notice of Changes) and under
Multilateral Instrument 33-109
(excerpts). The
deadline for providing four copies of the
written responses under Inquiry for Request for
Reviews #3112 and #3113 that was provided in the
Alberta OIPC Notice of Inquiry dated March 3, 2005
was May 18, 2005. Anne Landry provided
61 pounds of information
and Exhibits
to the Alberta OIPC in her written response under
Inquiry as per the Purolator receipt dated May 17,
2005 in
Exhibit #46c. The deadline for
providing four copies of written responses under
Inquiry for Request for Review #3309 that was
provided in the Alberta OIPC Notice of Inquiry dated
May 2, 2006 was June 28, 2006.
|
|
APPARENT LACK OF ENFORCEMENT OF THE ALBERTA
SECURITIES COMMISSION REVEALED
Alberta OIPC Order F2006-017 reveals that apparently for the extended
period of time of several years the Alberta Securities Commission has argued
that is does not have custody or control of the National Registration Database (www.nrd-info.ca)
– the national and permanent database that Investment Advisors in Canada use to
obtain and maintain accreditation to sell mutual funds/securities in Canada.
The Notices of Collection and Use of Personal Information in
Multilateral Instrument 33-109 (excerpts)
reveal the administrative
and enforcement role of the Alberta Securities Commission in regards to the
National Registration Database. |
|
C. |
APPENDICES of information regarding Anne Landry’s 4+-year struggle for
her rights under securities and privacy legislation |
|
|
APPENDIX A-1: |
About
Anne Landry |
|
|
APPENDIX A-2a: |
My
“Correction Statement” and the objective evidence that serves to prove it
|
|
|
APPENDIX A-2b: |
APPARENT
ASSAULT ON THE RIGHTS OF INDIVIDUALS: “Orders of Opportunity” by the Alberta
Office of the Information and Privacy Commissioner are apparently harmful to
many in Canada |
|
|
APPENDIX A-2c: |
APPARENT
ASSAULT ON THE RIGHTS OF INDIVIDUALS: Amendments to the Alberta Personal
Information Protection Act (PIPA) and to the British Columbia Personal
Information Protection Act (PIPA) that will apparently harm many |
|
|
APPENDIX A-3: |
Much harm has occurred to me
as a result of the apparent lack of enforcement of privacy and securities
legislation |
|
|
APPENDIX A-4: |
The
serious and apparently unresolved breach of security of personal information
affecting me and apparently other of ATB Investor Services’/ATB Financial’s past
and current employees |
|
|
APPENDIX B: |
Past
Decisions under Judicial Review of Orders of Frank J. Work, Alberta Privacy
Commissioner in the Alberta Court of Queen’s Bench reveal apparent weaknesses |
|
|
APPENDIX C: |
Much legislation, standards,
policies and rules – apparently little protection |
|
|
APPENDIX D: |
Privacy Act Precedents that
Support my Recommendations in my February 29, 2008 Submission to the BC PIPA
Review Committee and that Reveal the need for a Public National Inquiry |
|
|
APPENDIX E: |
Lessons
from Markarian VS CIBC World Markets Inc., Whiten VS Pilot, and
Wallace VS United Grain Growers: Lessons that have not been learnt or -
more likely – learnt and ignored |
|
|
APPENDIX F: |
What
happened to me is not NEW |
|
|
|
What happened to
me, could also happen to you due to the current
environment of apparent lack of enforcement in
Canada and due to precedents and proposed
changes to privacy and securities legislation
that apparently strip the rights of individuals
regarding their access to, completeness and
accuracy of, confidentiality of and security of
their own information |
|
|
II.
The
Final Report of the Alberta PIPA Review Committee
that was
tabled in the Alberta Legislative Assembly on November 14, 2007
apparently effectively strips the rights
of individuals to their own information. The
Final Report was tabled without first tabling a Preliminary Report
for feedback from the public as required under the
Alberta PIPA Review Committee Terms of Reference.
The Alberta
PIPA Review Process that reveals issues of concern regarding the
accountability and transparency of the process at a time that
individuals are apparently being
covertly – and not so covertly – stripped of the rights
regarding their access to, completeness and accuracy of,
confidentiality of and security of their own information:
|
|
III |
|
Special Committee to Review the
Personal Information Protection Act |
 |
|
|
|
i
|
The
Final Report of the BC PIPA
Review Committee
that was tabled in the British Columbia Legislative Assembly on April 17,
2008 effectively strips the rights of
individuals to their own information. The Final Report was
tabled without first tabling a Preliminary Report for feedback from the public
as NO such requirement was specified in the Terms of Reference of the
BC PIPA Review Committee. The BC PIPA Review Process that reveals issues
of concern regarding the accountability and transparency of the process at a
time that individuals are apparently being covertly
– and not so covertly – stripped of the rights regarding their access
to, completeness and accuracy of, confidentiality of and security of their
own information. |
17 April 2008
|
|
|
|
ii |
APPENDIX_A-2c: APPARENT ASSAULT ON THE RIGHTS OF
INDIVIDUALS: Amendments to the Alberta Personal Information
Protection Act (PIPA) and to the British Columbia Personal
Information Protection Act (PIPA) that will apparently harm
many |
|
|
|
|
iii |
Anne Landry’s Recommendations for Changes to
Privacy and Securities Legislation to better Protect the
Rights of Individuals.
The Final Report of the BC PIPA Review
Committee (at APPENDIX B – Written Submissions) does not
acknowledge that Anne Landry provided this 90-page report
that provides many Recommendations regarding protecting the
rights of individuals regarding their access to,
completeness and accuracy of, confidentiality of and
security of their information. Anne Landry’s detailed
Submission also reveals apparent wrongdoings.
|
29 February 2008 |
|
|
|
iv |
Anne
Landry's written submission |
22 February
2008
|
|
|
|
v |
Anne
Landry’s Presentation Transcript & Audio |
|
 |
|
|
|
vi |
Submission
to the BC PIPA Review Committee
of David
Loukidelis Privacy Commissioner of British Columbia March 7, 2008 (submitted
after the extended February 29, 2008 deadline for Submissions):
|
07
March 2008
|
|
|
|
vii |
Joint Submission dated February 29, 2008 to the BC PIPA Review Committee by the
BC Freedom of Information and Privacy Association (BC FIPA) and BC Civil
Liberties Association (BCCLA):
|
29
February 2008 |
|
|
|
viii |
Submission
dated February 12, 2008 to the BC PIPA Review Committee by the Canadian Bankers
Association:
|
12 February 2008 |
|
|
|
ix |
Submission
dated February 12, 2008 to the BC PIPA Review Committee by the Mutual Fund
Dealers Association (MFDA):
|
12 February 2008
|
|
|
|
x |
Submission
dated February 29, 2008 to the BC PIPA Review Committee by Robert Kyle,
Executive Director of InvestorVoice.ca |
29 February 2008 |
|
|
RE:
Amendment #30 of the
Final Report of the BC
PIPA Review Committee
(concerning implementing penalties to organizations
for breaches/offences of PIPA), excerpt from
APPENDIX A-2c:
APPARENT “EDUCATIONAL” AND NOT “ENFORCEMENT” ROLE
OF LEGISLATION
|
Is there any wonder why Canada has a
problem with White Collar crime?
(What
would happen if theft from banks was
also classified as “educational”/not
subject to penalties? Would the banks
mind about the loss of their property
for 4+ years?) |
“…Apparent
failure of the
Final Report of the
BC PIPA Review Committee
to acknowledge the enforcement role of the
British Columbia Office of the Information and
Privacy Commissioner (OIPC) , in regards to
“implementing fines to organizations for failing
to comply with direct valid requests of
individuals seeking employee personal
information” at pg. 36:
| “A
few witnesses* suggested changes to the
offence and penalty provisions of the
Act. These included proposals to provide
the enforcers of privacy and securities
legislation with the ability to award
substantial fines to organizations that
fail to comply with valid direct
requests of individuals seeking employee
personal information.
After due deliberation, the Committee
decided to recommend no legislative
changes for the following reasons. First
of all, we are not in favour of creating
an enforcement arm in the Commissioner’s
Office that would require more resources
to establish a process that could result
ultimately in legal action. Secondly,
and equally important, we think such an
approach is contrary to the educational
intent of the Act. In other words,
rather than levying a fine to teach a
self regulatory organization a lesson,
good practice results from assisting it
to improve its policies and procedures.
Therefore we recommend that:
30.
no amendment be made to the Act in
regard to offences and penalties.”
[Emphasis added…]”
*NOTE:
See Anne Landry's
Verbal
Presentation to the BC PIPA Review
Committee dated February 22,
2008 and
Verbal Presentation before the
Alberta PIPA Review Committee
dated May 1, 2007 regarding the need to
implement in legislation penalties to
organizations (payable to individuals
affected) for failures of organization
to comply with the direct appropriate
responses of individuals regarding
their own information. |
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Commissioner's office blasts database shutdown |
06 May
2008 |
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Canada's Privacy Act suddenly comes up for review: a shallow
exercise, or not? |
05 May
2008 |
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Harper defends database shutdown |
05 May
2008 |
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Tories opt out of key Access to Information database |
05 May
2008 |
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Obstacles still hamper access |
25 September 2007 |
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A
close look at government secrecy |
22
September 2007 |
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Access requests at root of major stories |
22
September 2007 |
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Padlock on public files proves tough to pry open
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22
September 2007 |
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Freedom-of-information audit finds local officials ‘don’t
know the law’ |
22
September 2007 |
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Anne
Landry's submission regarding :
Proposed National Instrument 31-103 Requirements
Proposed Companion Policy 31-103CP Registration Requirements
Proposed Amendments to National Instrument 33-109
Registration Information |
20 June
2007 |
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Exhibits
to Anne Landry's Submission to the Special Committee to
Review the British Columbia Personal Information
Protection Act (PIPA), Vancouver, British Columbia,
22 February 2008 |
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1 |
Submission to Alberta Select Special Personal Information
Protection Act Review Committee |
18
April 2007
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1-EX
1 |
Landry letter to ATB Investor Services/ ATB Financial |
18
December 03 |
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1-EX
2 |
Notice
of Inquiry from the Information and Privacy Commissioner of
Alberta under the Personal Information Protection Act |
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1-EX
3 |
Letter
from ATB claiming loss of 'memory stick' and
Landry's personal information |
11 October 2006 |
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1-EX
4 |
Letter
from Information Privacy Commission to Landry and ATB |
01 February 2006 |
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1-EX 5 |
ATB
Investor Services Client Account Agreement for Landry |
13 August 2003 |
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2 |
Snelgrove snubs right to know kickoff event |
23
September 2007 |
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3 |
E-Mail to Anne Landry from Alberta Legislative Assembly |
01 October 2007
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4 |
Personal
Information Protection Act Review - Transcript
Presentation by Anne Landry
(page 71) |
01 May 2007 |
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5 |
In
Alberta, 'a stunning slowdown' in access |
22
September 2007 |
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“Every government in Canada is promising more openness and transparency,
and perhaps I am not doing as good a job as I should in holding them
accountable here, but it sure wouldn’t hurt if a lot of other people,
including voters, were prepared to hold them accountable.”
... “I have
a queue of over 50 inquiries and all I have is four people
and myself writing orders.”
-Frank
Work, Alberta's information commissioner |
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6 |
Kellogg Brown and Root Canada v. (Alberta) Information and
Privacy 2007 ABQB 499
(90 Day response mandatory) |
30 July 2007 |
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7 |
Alberta
among worst in responding to queries |
22
September 2007 |
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To Anne Landry, who lost her job in 2003, ensuring the records about
her performance are accurate and complete is vital to finding work
in her profession.
Yet Landry hasn't received the majority of the records she's looking
for after repeated appeals to the privacy commission -- including
three that went to inquiries heard by commissioner Work, the highest
level of appeal without turning to the courts.
"I can't afford $15,000 for a judicial review. There are no privacy
rights for Albertans unless you have a lot of time, a lot of money
and a lawyer -- and even with a lawyer there's no guarantee," she
said.
Privacy Commissioner Frank
Work says he doesn't understand delays in providing
information. |
Calgary Herald Archive
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8 |
A Good
Country for Crooks: Welcome to La-La Land |
24 September 2007 |
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9 |
A
National Scandal |
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10 |
ASC issues
raised year ago (01 April 2005) |
01
April 2005 |
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11 |
Quebec case a painful win for
investors (02
November 2007) |
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12 |
Markarian v CIBC World Markets
Inc., [2006] J.Q. 5467 |
01 August
2007
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15 |
Letter to
Premiere Stelmach re: Alberta Direct Rent Subsidy
(16 November 2007) |
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16 |
Direct Rent
Supplement Agreement (25 June 2007) |
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17 |
Mandate Letter from Alberta
Premier to Minister Lloyd Snelgrove |
15
December 2006 |
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18 |
FOIP Practice Note 5 - Preparing Records and Submissions for
Inquiries |
15 August 1997 |
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19 |
Alberta Personal
Information Protection Act
Note that the full text of Alberta PIPA can be viewed here:
http://www.psp.gov.ab.ca/index.cfm?page=legislation/act/index.html |
Excerpts
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20 |
Alberta Securities Act
Note that the full text of Alberta SA can be viewed here:
http://www.qp.gov.ab.ca/Documents/acts/S04.CFM |
RSA
2000, c. S-4 |
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21 |
Excerpts from Multilateral
Instrument 33-109
Registration Information
“Note that Multilateral
Instrument 33-109 and other legislation governing the
National Registration Database (NRD) can be found at the
following web site of the National Registration Database
at:
www.nrd-info.ca/regulation/rule_20030214_33-109_multi-final.pdf |
14
February 2003 |
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22 |
Mutual Fund Dealers
Association Rules (excerpts) |
23
February 2001 |
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23 |
Policy 1 - New Registrant
Training and Supervision |
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24 |
Policy 2 - Minimum Standards
for Account Supervision |
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25 |
ATB Investor Services Privacy
Code |
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26 |
ATB Financial Customer Privacy
Code |
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27 |
ATB Internal E-mail |
27 August 2003 |
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"Can you please read this. I
am so ticked off that it is all I can do not to go over to
the CCC [Customer Contact Centre] and throw her out a
window.
I know what I want to
answer, however, have to calm down long enough not to kill.
What gives her the
experience to think she can have all of the answers on her
first call, and I know if you speak to Helen about this,
Helen will be just as mad as I am." |
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27a |
Anne Landry's letter to
ATB dated 27 August 2003 |
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Request
to honour the “Know-Your-Client” investment instructions of
a business ATB Investor Services customer – her first mutual
fund trade (at the ATB Financial Customer Contact Centre in
Calgary, Alberta on Monday August 11, 2003). The response of
who is believed to be an ATB Investor Services Securities
Compliance officer to this email is in Exhibit #27.
Anne Landry’s direct request to ATB for completeness and
accuracy of her information. |
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27b |
Email dated August 27,
2003 from ATB Investor Services “Branch Manager” under
MFDA Rules and Policies in
Exhibit #22 ,
Exhibit #23, Exhibit #24
to Anne Landry – “Trade approved” |
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27c |
Email chain dated
September 16, 2003 from an ATB Investor Services
Compliance Officer – “we did not feel the interview
substantiated ...this kind of change” |
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28 |
ATB
Investor Services Client Account Agreement for Landry |
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29 |
Wealth
Management Performance Scorecard |
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30 |
Investment Specialist,
Accountability Profile |
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30a |
Email dated August 27,
2003 to ATB by Anne Landry containing a “list” of her
successes: her direct request to ATB for access to,
completeness and accuracy of and confidentiality of her
information |
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30b |
Email
dated July 22, 2003 to Anne Landry from an ATB Investor
Services Financial Advisor: “Thanks a million Anne. I
really appreciate the help and got great feedback about you
from my clients. Take care…” |
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31 |
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32 |
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33
34 |
Notice of Course Completion
Canadian Securities
Course Honours certificate |
July 2003 |
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34c |
Module#2
from the ATB Investor Services Wealth Management Training
Program (May 6 – 8, 2003) followed by Anne Landry as
required under MFDA Rules and Policies in Exhibit #22/T0 ,
Exhibit #23/T1-A, and Exhibit #24/T1-B: “SALES + COMPLIANCE
= SUCCESS |
06-08
May 2003 |
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39 |
ASC Request for Authorization
to Disregard Access Request |
30 June 2005 |
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40 |
Unpublished
decision of the OIPC of Alberta |
03
October 2005 |
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41 |
Decision on a Section 43
Application by the Vancouver Police Board
22 December 1999 |
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42 |
Amended Certificate of
Judgment in favour of Anne Landry |
01 August
2007
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42a |
Judgment by
the Honourable Judge J.T. McCarthy |
29 May 2007 |
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filed in Alberta Provincial
Court Civil in regards to her Actions P0590104618 and
P0590104619 against ATB Investment Services Inc. (“ATB
Investor Services”) and Alberta Treasury Branches (“ATB
Financial”) in favor of Anne Landry: $25,000 maximum of the
court including punitive damages + $5,000 costs as a
self-represented plaintiff + interest. Note also the Amended
Certificate of Judgment in
Exhibit #42. |
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42b |
Order filed
March 20, 2006
in Alberta Provincial Court Civil containing Anne Landry’s
Amended Consolidated Statement of Claim (in Exhibit Claim 4618/4619
O) that was filed March 7, 2006 in Alberta Provincial Court
Civil in regards to her Actions P0590104618 and P0590104619
against ATB Investment Services Inc. (“ATB Investor
Services”) and Alberta Treasury Branches (“ATB Financial”) |
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42c |
Amended
Dispute Note filed
August 14, 2006 in Alberta Provincial Court Civil by Brian
Thompson, Neuman Thompson for the Defendants in regards to
Actions P0590104618 and P0590104619 |
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43 |
Commissioner rules Alberta
Treasury Branches properly responded to an information
request |
Order P2006-005
15
November 2007
News Release
22
November 2007 |
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44 |
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44b |
ATB’s February 9, 2004
letter to Anne Landry
in response to her December 18, 2003 request under Alberta
PIPA (in Exhibit #1 - Ex 1/R1-Ga + F22). “No records
maintained” for Michael Wood (Regional Manager ATB Investor
Services and Branch Manager under MFDA Rules and Policies);
Houman Mobarrez (Team Leader Wealth Management Team ATB
Financial Customer Contact Centre in Calgary, Alberta); Guy
Zembiak (Mutual Fund Representative on the Wealth Management
Team at the ATB Financial Customer Contact Centre. NOTE:
Exhibit #36
and Exhibit #1. |
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45 |
Adjudicator finds Alberta
Securities Commission has control over the National
Registration Database |
Order F2006-17
18
September 2007 |
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45a |
Letter
from ASC to Anne
Landry. The ASC’s annotation of Anne Landry’s National
Registration Database records as a result of Alberta OIPC
Order F2006-017. |
06
November 2007 |
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46 |
Adjudicator finds Alberta
Securities Commission has control over the National
Registration Database |
News Release
26
September 2007 |
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47 |
Adjudicator orders Alberta
Securities Commission to refund fees |
F2006-022
21
August 2007
News Release
28
August 2007 |
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48 |
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49 |
Select Special
Personal Information Protection Act Review Committee
Legislative Assembly of Alberta
(Final Report) |
November 2007 |
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50 |
Terms of Reference |
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51 |
Alberta Information and
Privacy Commissioner |
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52 |
Ministry of Government
Services |
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53 |
Canadian Federation of
Independent Business |
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54 |
Allan Buteau |
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55 |
Cenera |
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60 |
Letter dated
November 13, 2003 from Stuart McKellar, ATB Financial
Legal Counsel to Anne Landry’s then lawyer (Lawyer #2):
“...The
offer (apparently in Exhibit #37/B2, B3, B4) has lapsed. It
is no longer available for acceptance. ATB Financial would
however, consider a resolution along the lines of the offer
originally made on September 4, 2003.
Any such offer will have to deal with
all outstanding issues between your client and ATB,
including your client’s most recent request (apparently in
Exhibit #1 - Ex
1/R1-Ga + F22) for a review of the
Office of the Information and Privacy Commissioner....”
[Emphasis added] |
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60A |
Letter dated October 18,
2004 from Stuart McKellar to Anne Landry and copying Bob
Normand – then ATB Financial President and CEO and Maureen
Galway, Director Human Resources Business Partner.
“RE
Request for Letter of Reference….We can only conclude that
your continued letter writing campaign in this manner is
further evidence of your making repetitious or frivolous and
vexatious requests of ATB Financial…” |
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