Final Report Submitted to Province of British Columbia
For Immediate Release
June 3, 2022
Vancouver, B.C. - Commissioner Austin Cullen submitted his final report to the Provincial Government today (June 3, 2022).
Said Commissioner Cullen: "My final report is the culmination of three years of dedication and commitment to this important task by the Commission team. It is a substantial report and puts forward findings of facts and recommendations that are focused on making positive changes in many areas, addressing serious issues that the people of British Columbia care about." He added: "I want to thank the many individuals and organizations that participated in the Commission of Inquiry into Money Laundering in British Columbia. Their input was useful and contributed to the value of this report."
Since the Commission was announced in May 2019, it has held 133 days of evidentiary hearings; heard testimony from 199 witnesses with an additional 23 witnesses providing evidence via sworn affidavit; received 1,063 exhibits; held five community meetings around the province; has undertaken thousands of hours of investigation, research and interviews; and released its interim report.
The final report is now in the hands of the Provincial Government. Information regarding the public release of the report will be provided by the Province as soon as it is available.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019, by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, former Associate Chief Justice of the British Columbia Supreme Court, the Commission looked at the full scope of money laundering in British Columbia, including in real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission also examined regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission had the ability to compel witnesses and order the production of documents and records.
Cullen Commission Granted Short (Two-Week) Extension for Submission of Final Report by Provincial Government
For Immediate Release
May 6, 2022
Vancouver, B.C. - Commissioner Austin Cullen has received approval from the Provincial Government to extend the deadline for his final report from May 20, 2022 to June 3, 2022.
The reason for the request is that a significant number of the Commission team (not the Commissioner) have recently had COVID-19, and while everyone is back to health, this delayed progress on the report.
Said Commissioner Cullen, "The report is in its final stages, and the entire team is back at work and healthy." He added: "We look forward to the completion of the report. This minor two-week extension will give us the time necessary to do the final review of the report and ensure that it delivers analysis and recommendations commensurate with the importance of the issues."
There is no budget increase as a result of this brief extension.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019, by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report is due to be submitted to the Provincial Government by June 3, 2022.
Cullen Commission Granted Extension for Submission of Final Report by Provincial Government
For Immediate Release
November 25, 2021
Vancouver, B.C. - Commissioner Austin Cullen has received approval from the Provincial Government to extend the deadline for his final report to May 20, 2022.
Commissioner Cullen asked for more time to complete his final report for the Commission of Inquiry into Money Laundering in British Columbia for a number of reasons. Although hearings were scheduled to conclude in May (for evidence) and July (for closing arguments by participants), further evidence had to be led, including two witnesses and a number of documents. This led to additional hearing dates which took place in September 2021. Participants could not provide their closing submissions until the evidence was complete, which meant that the hearings for final submissions had to be postponed. They were completed on October 19, 2021.
Since the Cullen Commission was announced in May 2019, it has held five community meetings around the province; undertaken thousands of hours of investigation, research and interviews; held 138 hearing days; heard testimony from 198 witnesses with an additional 23 witnesses providing evidence through sworn affidavits; received 1,063 exhibits comprising over 70,000 pages; and released an Interim Report. Although there has been considerable progress made in reviewing the voluminous record, preparing the final report remains a significant undertaking. The Commission's mandate, as determined by its terms of reference, is wide-ranging in its breadth and scope. It involves various sectors of the economy; a broad spectrum of enterprises, government and regulatory agencies and individuals; law enforcement agencies; professions; corporations; gaming enterprises; financial institutions; luxury goods; real estate and virtual assets. The mandate includes a review of important concepts such as quantification, privacy implications and money laundering and anti-money laundering initiatives in other jurisdictions around the globe.
“Commission staff, Commission counsel and the participants have all worked extremely hard to get to this stage in the proceedings. We are happy to have concluded the hearings process. Having reached that juncture, assessing the work ahead, it became clear we would not be able to conclude the final report in the limited time available before it was due,” said Commissioner Cullen. He added: “With an extension to May 20, 2022, for the final report, we can ensure the report delivers analysis and recommendations commensurate with the importance of the issues.”
Despite the extension, it is expected that Commissioner Cullen will deliver the report within the initial budget outlined at the start of the Commission.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019, by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report is due to be submitted to the Provincial Government by May 20, 2022.
Oral Closing Statements Set for October 15, 18 and 19, 2021
For Immediate Release
October 13, 2021
Counsel for participants are set to make oral closing submissions at the Cullen Commission on Friday October 15, Monday October 18 and Tuesday October 19, 2021. The hearing is scheduled to commence at 9:30am. The oral closing submissions will be livestreamed.
Participants' written closing submissions and reply submissions can be found here.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report is due to be submitted to the Provincial Government by December 15, 2021.
Cullen Commission Confirms Additional Hearing Dates and Witnesses
For Immediate Release
July 23, 2021
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has confirmed dates for additional witness testimony. They are:
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report is due to be submitted to the Provincial Government by December 15, 2021.
Announces Additional Witnesses, Adjusted Closing Submission Dates and New Participant
For Immediate Release
June 25, 2021
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has adjusted the dates for closing submissions to accommodate developments that include additional witnesses, a recent application for participant status, the desire on the part of some participants for additional time to prepare closing submissions, and the ability to address any notices of misconduct (under the Public Inquiry Act) prior to closing submissions.
The revised dates for closing submissions are being determined in consultation with participants and are expected to occur in September 2021. They will be posted on the Commission's website in due course. Hearing dates for additional witness testimony are expected to be announced in the next several weeks.
In addition, Commissioner Cullen has just released a Ruling on an application for participant status submitted by Ross Alderson, former Director of Anti-Money Laundering at the British Columbia Lottery Corporation. Mr. Alderson has been granted participant status. The Ruling can be found here: Ruling #33.
The additional witnesses are Mr. Alderson and Robert (Bob) Boyle, of Ernst & Young, the author of two expert reports that were furnished by BCLC to the Commission near the end of the evidence hearings, which ran from October 2020 to May 2021. These reports have not been marked or entered into evidence to date. The dates for the testimony of these two witnesses will be provided in due course.
The timeline for submission of the final report to the Province by December 15, 2021 remains unchanged.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report will be delivered to the Provincial Government by December 15, 2021.
End of Witness Testimony and Closing Statements
April 28, 2021
For an update on new witness testimony and closing statement please click here.
Witness testimony at the Commission of Inquiry into Money Laundering in British Columbia is scheduled to conclude on Friday, May 14, 2021.
Closing statements will be made by counsel for participants on July 6, 7 and 8, 2021. The anticipated order for these lawyers' oral presentations will be posted to the website in due course.
Once closing statements conclude, Commissioner Austin Cullen will turn his attention to drafting the final report, which will be submitted to the Provincial Government by December 15, 2021.
Commission Granted Extension by Provincial Government
For Immediate Release
March 19, 2021
Vancouver, B.C. - The Province has agreed to extend the reporting deadline of the Commission of Inquiry into Money Laundering in British Columbia (the Cullen Commission) to December 15, 2021, as requested by Commissioner Austin Cullen. This will provide Commissioner Cullen with sufficient time to fully hear and consider all of the evidence and to prepare a report with recommendations. It is expected that Commissioner Cullen will deliver the report within the initial budget outlined at the start of the Commission.
The need to modify the Commission's schedule arose primarily from challenges caused by the COVID-19 pandemic. The global pandemic required the Commission to shift to an entirely online environment for its hearings and other work, resulting in some of the hearings set for spring 2020 being moved to the fall. There were significant obstacles and delays in the production of documents from participants, in particular from the federal government, as noted in the Commission's Interim Report. This led to a corresponding delay in allowing Commission counsel to review and analyze those documents, pursue investigations, and identify and interview witnesses necessary to properly prepare for the hearings. Each of these challenges resulted in scheduling delays for the hearings.
On September 25, 2020, Commissioner Cullen made the decision to delay the recommencement of the evidentiary portions of the hearings until after the provincial election had been held. The postponement from October 13 to October 26, 2020 (a delay of two weeks) was undertaken to preserve the independence of the Commission and to protect the integrity of the electoral process.
Commission counsel have been carrying on with evidence hearings since October 26, 2020 on many topics including casinos and gaming, real estate, professionals, the corporate sector, financial institutions and virtual assets. The hearings are scheduled to continue until the close of evidence in mid-May. Commission counsel are working with participants to determine the timing and process for final submissions.
“The Commission, the hearing team and the participants have exhibited a spirit of cooperation and flexibility for which I am grateful. They have collectively worked hard and pushed forward during unprecedented and difficult times caused by the COVID-19 pandemic,” said Commissioner Cullen. “By the end of the hearings, the Commission will have before it a very substantial body of evidence dealing with a host of issues—some of which are very complex. This evidence will put the Commission in a position to assess, analyze and decide on a suite of recommendations involving a broad range of social, economic, political and constitutional considerations to fulfil its mandate properly. This extension for submission of my final report will provide a reasonable timeframe to do this.”
Upcoming hearing blocks are scheduled as follows (subject to change):
In addition, the Commission was granted an amendment to the Order in Council under which the Commission was established. Commissioner Cullen requested that Section 4(3) be deleted because of concerns that the Commission's power to compel information from individuals or entities and the mandatory obligation to forward information “to the appropriate authorities” if there are reasonable grounds to believe that information “may be useful in the investigation or legal prosecution of an offence under the Criminal Code” would create a regime vulnerable to a constitutional challenge, which could be a time-consuming diversion from the work of the Commission.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. The Commission has the ability to compel witnesses and order the production of documents and records.
The Commissioner's final report will be delivered to the Provincial Government by December 15, 2021.
Commission to Hold Anti-Money Laundering Officers Panel In Camera
For Immediate Release
January 15, 2021
Vancouver, B.C. - Commissioner Austin Cullen has ruled that a portion of the Commission's hearing on January 19, 2021 will be held in camera, which means that it will not be accessible to the public. Only identified participants and their legal counsel will be allowed to view this portion of the hearings that day. This will allow the Commission to receive evidence from a panel of three chief anti-money laundering officers for three major national banks (Scotiabank, Royal Bank of Canada, and HSBC Canada).
While the norm for the Cullen Commission is to hold hearings that are accessible to the public via the Commission's livestream on its website (www.cullencommission.ca/webcast-live/ the Commissioner has today ruled that this panel requires special arrangements. The evidence will be of a highly sensitive nature and it is expected that it will describe typologies and methods of money laundering - including new and cutting-edge techniques - in some detail.
Explained Senior Commission Counsel Brock Martland, who brought the application for this panel to be held in camera: “We expect that these experienced people will provide information on what they are seeing in the real world in the context of money laundering efforts, and they will describe what banks are doing in response. As I am sure people can understand, there could be a serious negative impact - not just for the banks but also for public interest - to have people learn the specialized knowledge of what money launderers are doing and how banks are addressing the issue. It would give rise to a realistic likelihood that bad actors would learn what works and what doesn't, what the banks do and don't do, and what gaps exist that they can take advantage of.” He added: “The Commissioner and Commission team are committed to doing our work in a transparent and open manner; however, this is a special circumstance and Commission counsel felt that it was important to have this testimony led in this way.
There will be no publicly available video or transcripts for this panel's testimony. The Commissioner will be able to draw on the panel's evidence for his final report, which will be public.
The Ruling can be found here: cullencommission.ca/files/ApplicationForInCameraHearing-Ruling24.pdf.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commissioner delivered an Interim Report to the Provincial Government on November 15, 2020. The Commissioner has determined that the Commission team will need time beyond the original delivery date of May 15, 2021 to complete its final report. There are a few reasons for this, including the breadth of the issues being addressed, the length of the public hearings, the effects of the pandemic, and delays and challenges in obtaining documents. The Commission's hearings are expected to conclude in May of 2021 and at that point, the Commissioner will seek an extension of time from the Province of British Columbia for submission of the final report. The request will be made at that time because the Commission will have a much better understanding of the amount of time that will be needed.
For more information, please visit: www.cullencommission.ca.
Interim Report Released
For Immediate Release
December 10, 2020
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia Interim Report, which was submitted to the Provincial Government on November 15, 2020, has been released publicly. It can be found on the Cullen Commission website here.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commissioner delivered an Interim Report to the Provincial Government on November 15, 2020. The Commission's hearings are presently scheduled to conclude in May of 2021. The Commissioner has determined that the Commission team will need time beyond the original delivery date of May 15, 2021 to complete its final report. There are a few reasons for this, including the breadth of the issues being addressed, the length of the public hearings, the effects of the pandemic, and delays and challenges in obtaining documents. The Commissioner will seek an extension of time from the Province of British Columbia for submission of the final report in due course, once there is a better understanding of the amount of time that will be needed.
For more information, please visit: www.cullencommission.ca.
Interim Report Submitted
For Immediate Release
November 16, 2020
The Cullen Commission submitted its Interim Report to the Province of British Columbia on November 15, 2020.
The hearings into money laundering in British Columbia continue. You can see the witness list/hearings schedule here.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission delivered an interim report to the Province on November 15, 2020 and is required to submit a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Witness List and Hearings Schedule Announced for Week of October 26, 2020
For Immediate Release
October 22, 2020
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has announced its witness list and hearings schedule for the week of October 26, 2020 in the upcoming fall hearing block. This schedule is subject to change.
In order to lessen the risk of the transmission of COVID-19, the public hearings will be held via online videoconferencing.
This hearing block is the first of two that will focus on gaming, casinos and horse racing. It is important to note that while the Commission has made efforts to organize the hearings thematically, the topic of money laundering does not lend itself to silos. Witnesses may address a variety of different topics in their testimony, not limited to the sector in question. As well, witnesses called during later portions of the hearings may have additional evidence to present on the topic of gaming, casinos and horse racing.
In keeping with the Commissioner's commitment to transparency and accessibility, the hearings will be livestreamed on the website (www.cullencommission.ca). Hearings start at 9:30 a.m. and conclude at 1:30 p.m. A video archive of hearings, reports, documents and exhibits from the hearings will be posted online.
Witness Schedule - October 26 - 30
| MONDAY | TUESDAY | WEDNESDAY | THURSDAY | FRIDAY |
| Steve Beeksma Stone Lee |
Stone Lee (cont'd) Ward Clapham |
Gord Friesen | Gord Friesen (cont'd) John Karlovcec |
John Karlovcec (cont'd) Bal Bamra |
This schedule may be adjusted. The witness list/schedule for upcoming weeks will be provided in due course.
Below are brief professional role/occupation notes on the witnesses scheduled to give evidence at the hearings listed above. The witnesses are listed in order of expected testimony.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is looking at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission is also examining regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca
Statement of Commissioner Austin Cullen: Timing of Hearings Changed Due to Election
For Immediate Release
September 25, 2020
The fall session of the Commission of Inquiry into Money Laundering in British Columbia is presently set to recommence on October 13, 2020. It is anticipated that the evidentiary portion of the hearings will continue into 2021. I have decided to delay the recommencement of the hearings until October 26, 2020, after the provincial election has been held. My reason for this is two-fold: first, it is to preserve the independence of the Commission; second, it is to protect the integrity of the electoral process.
I have been informed by commission counsel that evidence to be called during the early weeks of the hearing will identify issues but will not represent the full evidentiary record on these issues, nor provide an opportunity for all perspectives on these issues to be advanced. It is reasonable to assume that, as it unfolds, this early and incomplete evidence will raise questions and invite speculation about its meaning. Difficulty arises because only some, but not all, of the relevant evidence will be made public by the time of the election. It may be that evidence led before the election raises questions that cause speculation, but the questions or speculation are answered in whole or in part by evidence called after the election.
Unfortunately, there is simply not time in the two weeks of hearings presently set before the election for commission counsel to present balanced and comprehensive evidence on the issues that will arise. Proceeding during the campaign would thus put the Commission in the untenable position of making decisions about what evidence and perspectives to adduce before the election and what to adduce after, which would, in my view, run an unacceptable risk of undermining the public's confidence in the independence of the Commission.
These same circumstances may impair the fairness of the electoral process by allowing evidence — which may be misleading because it is incomplete or has not been responded to — to have a potential influence on the election.
I make these observations without any predetermination of what findings I may reach on the evidence I ultimately hear. The concerns that lead me to briefly delay the re-commencement of our evidentiary hearings are: (1) the unfairness to the electoral process of putting an incomplete body of evidence, of a kind likely to engage speculation, before the public during an election campaign; and (2) risk that doing so will impair the public's confidence in the Commission's independence.
I have determined that a delay of two weeks will not have a significant effect on the overall timeline of the Commission's work.
The Commission is committed to continuing with its important work for the benefit of British Columbians in a rigorous, thorough and timely manner.
Austin Cullen, Commissioner
Update to Fall Hearing Block Schedule
For Immediate Release
July 9, 2020
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has announced that it has changed the dates of its upcoming evidence hearings, with the start date moving from September 8 to October 13, 2020. This is in response to disruptions that occurred for participants as a result of the global coronavirus pandemic. In addition, while the spring hearings ran as scheduled (via video conference), as a result of challenges associated with COVID-19, some of the matters that the Commission planned to canvas at that time will now be addressed in the upcoming hearing block. The Commission has also advised that the upcoming fall hearings will be held via video conference - similar to those held in May and June.
Senior Commission Counsel Brock Martland, QC, reports that there have been particularly acute challenges in the area of document production by participants, along with the pandemic hampering the Commission team's ability to carry out the interviews, preparation and investigations work that needs to happen prior to the hearings. Said Martland: “Like many across the country, the pandemic has changed how we do our work, which included a shift to an entirely remote work process for our team. This has impeded the pace of our work and that of participants.” He explained: “The delays in document production have, in turn, led to a corresponding delay for the Commission team in reviewing and analyzing materials and pursuing lines of inquiry in various specific sectors identified in our terms of reference. The impact of the pandemic has been particularly severe for the Government of Canada - an important participant in our process and the source of numerous documents that we require.” He added: “We have determined that the adjustment in our schedule will address these challenges.”
The hearings will now start on October 13, 2020 and are scheduled to conclude by April 2021.
A full schedule of the hearings and a witness list will be posted to the Commission website (www.cullencommission.ca ) in due course.
The Commission team has confirmed that an interim report will be submitted by November 15, 2020, as required. However, the change in the hearing schedule is expected to necessitate an extension of time for the submission of the final report (currently mandated to be delivered by May 15, 2021). The request to the Province of British Columbia for the extension will be made closer to May 2021, when Commissioner Austin Cullen will have a greater understanding of the additional time required to deliver the final report. At this time, there is no request for additional funding.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission is examining the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. It is also reviewing regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records. For more information, please visit: www.cullencommission.ca.
Witness Schedule - May/June 2020 Hearings
May 15, 2020
Witness Schedule - May/June 2020 Hearings
|
MONDAY |
TUESDAY |
WEDNESDAY |
THURSDAY |
FRIDAY |
|
|
Week 1: May 25-May 29 |
Stephen Schneider |
Stephen Schneider |
Stephen Schneider |
Simon Lord |
Simon Lord |
|
Week 2: June 1-June 5 |
Oliver Bullough |
Oliver Bullough |
William Gilmore |
William Gilmore |
Michael Levi, Peter Reuter |
|
Week 3: June 8-June 12 |
Michael Levi, Peter Reuter |
Chief Superintendent Robert Gilchrist, Inspector Leslie Stevens, Ryland Wellwood |
Chief Superintendent Robert Gilchrist, Inspector Leslie Stevens, Ryland Wellwood |
Mark Sieben, Chris Dawkins, Megan Harris |
Mark Sieben, Chris Dawkins, Megan Harris |
|
Week 4: June 15-June 19 |
Sir Robert Wainwright |
Sir Robert Wainwright |
This schedule may be adjusted.
Below are brief bio notes on the witnesses scheduled to give evidence at the May/June hearings:
Cullen Commission Set to Hold May/June Hearings Via Videoconferencing
For Immediate Release
May 13, 2020
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has announced that it will proceed with its scheduled evidence hearings in May and June, beginning on May 25, 2020. In order to lessen the risk of the transmission of COVID-19, the public hearings will be held via online videoconferencing using Microsoft Teams.
Over the past several weeks, the Commission team has run multiple mock hearings to test the process. The Commission's staff and lawyers are confident in their ability to effectively hold the upcoming block of hearings by videoconference.
Given the current situation throughout the country, with schools closed and the majority of Canadians working from home, the Commissioner has adjusted the hours of the May-June hearings. They will run from 9:30 a.m. to 1:30 p.m., Monday to Friday, with a break or two partway through the hearing time.
Adjustments to the hearing plan have been made in response to the global pandemic and its impact on some participants and witnesses. At this time, it is expected that these hearings will take approximately three and a half weeks to complete. The bulk of the hearings will take place in early September, through the fall.
This hearing block will deal with an overview of the money laundering topic and regulatory models. This approach in using digital technology has allowed the Commission team to replicate a traditional courtroom hearing as closely as possible. In keeping with the Commissioner's commitment to transparency and accessibility, the hearings will be livestreamed on the website (www.cullencommission.ca). Reports, documents and exhibits from the hearings will likewise be posted online.
Witness Schedule
|
MONDAY |
TUESDAY |
WEDNESDAY |
THURSDAY |
FRIDAY |
|
|
Week 1: May 25-May 29 |
Stephen Schneider |
Stephen Schneider |
Stephen Schneider |
Simon Lord |
Simon Lord |
|
Week 2: June 1-June 5 |
Oliver Bullough |
Oliver Bullough |
William Gilmore |
William Gilmore |
Michael Levi, Peter Reuter |
|
Week 3: June 8-June 12 |
Michael Levi, Peter Reuter |
Chief Superintendent Robert Gilchrist, Inspector Leslie Stevens, Ryland Wellwood |
Chief Superintendent Robert Gilchrist, Inspector Leslie Stevens, Ryland Wellwood |
Mark Sieben, Chris Dawkins, Megan Harris |
Mark Sieben, Chris Dawkins, Megan Harris |
|
Week 4: June 15-June 19 |
Sir Robert Wainwright |
Sir Robert Wainwright |
This schedule may be adjusted.
Below are brief bio notes on the witnesses scheduled to give evidence at the May/June hearings:
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021.
Statement of Commissioner Austin Cullen on the Impact of COVID-19
For Immediate Release
April 16, 2020
COVID-19, the insidious disease caused by the novel coronavirus, has caused unprecedented change in all of our lives. That change has occurred in a sudden and remarkable fashion as this deadly virus continues to besiege our world causing turmoil and grief. The virus, and the public health measures taken to slow its spread, have had an immense impact throughout the province of British Columbia.
The purpose of this statement is to provide my update, as Commissioner, to the people of British Columbia about what COVID-19 means for the work of the Commission of Inquiry into Money Laundering.
When this Commission was formed on May 15, 2019, money laundering was viewed as a serious threat to the social and economic well-being of British Columbians. Since that time, the Commission has undertaken significant steps towards fulfilling its mandate of casting light on the problem of money laundering in British Columbia and of examining the various ways in which it has been either combatted or enabled.
Commission counsel have engaged with participants; interviewed many witnesses; engaged subject-matter experts to conduct research and analysis; sought the production of documents; and prepared for the hearings set to bring a broad array of information and evidence to the public's attention. In the fall of 2019, we held public meetings in five locations around the province to hear directly from the people of British Columbia and earlier this year, we conducted initial public hearings during which the participants with standing gave opening submissions.
Dealing with the issue of money laundering — which the people of British Columbia have told us is important — continues to be a priority. However, it is also crucial that we acknowledge that, at this moment in time, we place it in the context of the social, economic and physical upheavals brought by the devastating spread of the COVID-19 virus since early 2020. At this point it is impossible to predict when the effects of the COVID-19 virus will subside, and when our social, economic and physical health will return to a state of equilibrium. There is, however, no doubt that this will happen, and we will return to a more familiar state of affairs.
In the meantime, the Commission continues with its work with such modifications and accommodations as are necessary to prioritize the health and safety of all involved, to comply with the recommendations of government and public health officials, and to be sensitive to the impact this virus is having on British Columbians. To that end, Commission lawyers and staff are working remotely from their homes. All contact with participants, lawyers, witnesses, experts, technicians and one another now takes place by telephone or videoconference. The Commission is in ongoing contact with those engaged with the Commission's work, to ensure that their engagement does not put their health or well-being at risk.
Understandably, some participants have been unable to fully carry on in the face of the current necessary restrictions, and other critical demands on their attention and time. The Commission will work to ensure that no one who has sought and been granted participant status will be compromised in their ability to engage with the Inquiry, and advance or guard their interests or rights. Similarly, the Commission will ensure that no steps will be taken that may imperil others' rights or interests, unless and until that person or agency is able to engage with the Commission as a participant or otherwise. In short, the Commission is committed to ensuring that although its work will continue as much as possible through this unsettled and challenging period, no one will be prejudiced as a result.
As matters currently stand, the hearings portion of the Inquiry is set in two blocks of time. The first is scheduled to start on May 25 and carry on until the end of June 2020. The second block of hearings will run from September 8 to December 18, 2020. We accept that it is not realistic or appropriate to conduct the initial May-June hearings with in-person attendance by witnesses, participants or their counsel or in a venue that is open to the public; those hearings will only proceed if we are able to conduct them remotely using videoconferencing technology able to link witnesses, participants, and Commission staff in a manner that sufficiently approximates a more conventional hearing and that provides access to the public. We are in the process of exploring options for proceeding with largely remote hearings. While our investigations of these technologies are ongoing, the initial indications are promising. It may also be necessary to modify the hours of sitting for the May-June hearing block to accommodate the needs of overseas witnesses (attending by video from abroad) and the childcare responsibilities of the participants and their lawyers as the hearings proceed.
The primary focus of the May-June hearings will not be fact finding in relation to acts or omissions of individuals or agencies that may have contributed to money laundering in British Columbia. This hearing block will, instead, provide an introduction to and an exploration of larger issues of money laundering — such as a review of typologies of money laundering; its history and evolution; how it is perceived and dealt with in other jurisdictions; and the issue of quantification (attempts to measure the extent of money laundering activity).
The Commission team is committed to moving forward in a responsible, safe and sensitive manner, always with a view to serving the public interest. We will continue to monitor developments and follow known health authority guidelines and to evaluate the propriety of our plans to conduct the initial May-June hearings remotely via video.
Our hope and our plan are to continue with our work, to adapt to circumstances that have changed profoundly, and to make use of videoconferencing technology that makes possible today what would have been unachievable just a decade ago. As we move forward, we will provide updates on our plans and decisions through our website.
My purpose in communicating with you at this time and in this way is to explain that although the Commission is continuing to fulfil its mandate through this very unsettled time, we are doing so in a manner that recognizes the overarching priority of the COVID-19 crisis and the need to fully support efforts to limit the spread of the virus. Our desire to proceed rests on the precept that in the fullness of time, the work we do now will benefit the social and economic well-being of the province.
Austin Cullen, Commissioner
Update Re: COVID-19 and May/June Hearing Block
For Immediate Release
April 2, 2020
The Commission of Inquiry into Money Laundering in British Columbia continues to closely monitor the rapidly developing situation regarding COVID-19. Our priority is the health and safety of all Canadians including, of course, the Commission team, participants and their lawyers, and other stakeholders.
While the Commission's physical office is closed to the public, the Commission has technology in place to allow us to continue to work towards fulfilling our mandate while supporting physical distancing. The Commission staff is working remotely, and all meetings are being held by video or telephone.
We are in an unprecedented time. While none of us know how long we may be required to keep physical distancing measures in place, it does appear from recent statements by government and health officials that it will be some time before the measures will be appreciably relaxed. Recognizing that, holding in-person hearings that are open to the public is unlikely to be viable in May and June. As such, the Commission team is working on options for holding the hearing block set for May 25 - June 26, 2020 using video conference technology in a manner that will be accessible to interested parties and the public.
We will provide updates about the format and viability of proceeding this way as we have them. Any decision regarding the hearings will, of course, be consistent with direction provided by provincial and federal health authorities.
The May 25 - June 26 hearings will deal with an overview of the money laundering topic and regulatory models, as well as explore the issue of the quantification of money laundering activity in British Columbia.
We will continue to work towards fulfilling our mandate, while at the same time complying with recommendations from both federal and provincial health authorities and prioritizing health and safety.
Cullen Commission Update on Response to COVID-19
For Immediate Release
March 16, 2020
The Commission of Inquiry into Money Laundering in British Columbia continues to closely monitor the rapidly developing situation regarding COVID-19. The health and safety of the Commission team, participants and their lawyers, and other stakeholders, including the public, is our priority.
Given recent guidance from the Federal and Provincial Governments and health authorities, the Commission staff is moving to do much of their work remotely - and the Commission's physical office will be closed to the public. We have the necessary technology in place that allows us to continue with our work while supporting self-isolation and social distancing.
We will continue to work towards fulfilling our mandate, while at the same time complying with recommendations from both federal and provincial health authorities and prioritizing the health of Commission staff and all British Columbians.
We will continue to monitor developments and keep the public informed of any modifications to our process.
Statement from the Cullen Commission Re: COVID-19
For Immediate Release
March 13, 2020
Along with the people of B.C., Canada and around the world, the team at the Commission of Inquiry into Money Laundering in British Columbia is closely monitoring the unfolding situation regarding the coronavirus (COVID-19).
The health and safety of the Commission team, participants and their lawyers, those charged with managing operations at the hearing room and other stakeholders, including the public, is our priority.
At this time, the Commission's work continues to move forward as expected. To ensure that we are prepared for what may be required at some point, we are in the process of identifying the options available to us should we need to revise some elements of our process.
We will follow the direction provided by the Provincial Health Services Authority, the Provincial Government and the Federal Government on this important health matter. We will act responsibly and with an abundance of caution, both as an organization and as individuals, keeping the overall health and safety of our team and the community at the forefront of any decisions that are made.
We will continue to monitor this situation and will email stakeholders directly affected by any decisions as well as post any updates on our website.
Thank you.
Participant Opening Statements
February 25, 2020
The opening statements of participants that have been provided to the Commission of Inquiry into Money Laundering in British Columbia can be found in the February, 2020 transcripts at the bottom of the Transcripts page.
Please note: Not all participants provided a digital/electronic version of their opening statement to the Commission.
If you would like to see the opening statements being presented, please see our video archive here.
Please note: The videos are edited ONLY to remove the time between the morning, lunch and afternoon breaks.
Appointment of Tam Boyar as Policy Counsel
For Immediate Release
January 13, 2020
Vancouver, B.C. – The Commission of Inquiry into Money Laundering in British Columbia has appointed Vancouver-based lawyer Tam Boyar as policy counsel. Mr. Boyar will focus on research, analysis, writing, and coordinating the policy work undertaken by the Commission’s lawyers and contractors.
One of the co-founders of MacKay Boyar, Mr. Boyar brings extensive experience in a wide range of civil, criminal and administrative law matters, including proceedings before regulatory and administrative tribunals and professional discipline matters involving lawyers, police officers and other professionals. He obtained common law and civil law degrees from McGill University and served as a law clerk to the Honourable Justice Morris Fish at the Supreme Court of Canada. Mr. Boyar has argued cases at all levels of court in British Columbia, and recently acted for the Attorney General of British Columbia on two significant constitutional cases.
“Tam’s expertise will be invaluable to the important work that we are doing on behalf of the people of British Columbia,” said Commissioner Austin Cullen. “His appointment as policy counsel rounds out a dedicated and talented group of professionals that I am honoured to lead. I think I can speak for the whole team when I say, we look forward to working with him.”
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Public Hearing Dates
For Immediate Release
January 9, 2020
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has confirmed the dates for its public hearings. They are:
February 24 - 28: These hearings are for participants (those granted formal standing) to provide their opening statements. These hearings will provide an opportunity for participants to address the Commissioner and to set out the issues and matters that they would like to see the Inquiry address.
These hearings will be held at the Federal Court of Canada at 701 West Georgia Street, Vancouver, in Courtroom 801.
May 25 - June 26: These hearings will deal with an overview of the money laundering topic and regulatory models, as well as attempts to quantify the extent of money laundering activity in British Columbia. These hearings may not occupy the full five-week period in the spring.
The courtroom for these hearings will be announced in the coming weeks.
September 8 - December 22: These are the main hearings in which Commission Counsel plan to address specific issues* including:
The courtroom for these hearings will be announced in the coming weeks.
*These topics are not necessarily listed in sequence, and this hearing plan is subject to variation. Information about the dates on which specific topics will be addressed in the hearings will be posted on the Commission's website: www.cullencommission.ca.
The Commission plans to post its witness lists on its website in advance of the witnesses testifying. These lists will be subject to modification if Commission Counsel determines that a witness is unnecessary or that an additional witness is required.
The Commission is planning on webcasting the hearings on its website. Details about the webcast will be announced closer to the February hearing dates.
Transcripts of the hearings and exhibits will also be posted to the website. (The exception to this would be in the event of special circumstances where there is a need for protective measures for a witness, document or evidence. This could include measures such as a publication ban, sealing materials or proceeding in a closed (non-public) hearing.)
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, a judge of the British Columbia Supreme Court, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Commissioner Austin Cullen Opening Remarks - Public Meetings
October 23, 2019
I would like to begin by welcoming you to this meeting and thanking you for attending. Your presence signals an interest in and a concern about the subject matter of this Inquiry. This event is part of a larger process, which will enable us to hear from various communities about the issues we are inquiring into.
As you are aware, the Government of the Province of British Columbia established this Commission of Inquiry into Money Laundering in British Columbia on May 15, 2019. I have been appointed Commissioner.
Present with me at this meeting—as I am sure you have noticed—are several members of the Commission team.
Our Inquiry's terms of reference are quite broad. Speaking generally, they require the Commission to study the prevalence of money laundering in, and its impact on, various economic sectors including gaming, horse racing, real estate, financial institutions and money service businesses, the corporate sector, luxury goods and professional services—including lawyers and accountants.
The Commission is also mandated to review the acts and/or omissions of individuals and agencies responsible for combating money laundering, in order to determine whether those acts or omissions have contributed to the spread of money laundering and if so, whether they amount to corruption.
In recent years, there has been extensive media investigation and coverage of money laundering. There have also been studies and reports prepared by academics and other experts that shed light on the prevalence of money laundering in the province and on its noticeable effects.
As a result, the public has become aware of, and concerned about, this problem. One recent poll reported that approximately 90% of British Columbians are concerned about money laundering.
It is part of this Inquiry's role to add to the public's understanding of the nature and scale of money laundering in the province and to address its concerns, to the extent possible, through recommendations for action.
There is an incidental benefit from simply bringing additional concentrated attention to the crime of money laundering. The more awareness there is of its presence and of the profound social harms it propagates, the less complacency there can be for facilitating or tolerating it.
Money laundering is a particularly insidious crime. Its roots are in offences that victimize others—often people who are vulnerable. In its actual commission, however, money laundering is akin to the transmission of a serious contagious disease. Both events may be inconspicuous, yet each invariably leads to an erosion of well-being.
We will examine how money laundering is taking place in British Columbia. We will examine whether such transactions could be prevented with a better approach, better training, or a different legal or regulatory regime. We will look at whether lapses in judgment or honesty have compromised the prevention of money laundering and contributed to its growth. We will listen to proposed solutions to these problems and issues, and we will assess their effectiveness and compatibility with our constitutional imperatives. We will make recommendations to the government for their use.
At this stage, the Commission is in the process of gathering information through the study of and follow-up on media reports; the review and analysis of other studies and reports; research into various legal and factual issues; the acquisition and review of documents held by agencies, individuals or corporate sources; and interviews of potential witnesses and experts. We are in a phase where much of the Commission's work is happening out of the public spotlight, with lawyers, investigators and analysts drilling into the issues. All of this hard work will lead us to the evidence hearings, which will take place in 2020. We will make a point of providing detailed notice about all of this on our website as we carry on.
Today's public meeting and those we are holding around the province are part of that exploration and discovery process. We are not yet in a position to provide answers to questions. To attempt to do so would be premature and might amount to prejudging issues that have not been fully canvassed. We come to these meetings not to provide information, but to obtain it. Our responses to everything that we hear, see and read will be made at a later stage in the process: through an interim report to be issued in November of 2020 and a final report to be issued in May of 2021.
It is our hope that these meetings will help raise awareness of the issues we are mandated to investigate, provide us with the nature and scale of public concern in different communities in the province, and help us to shape our approach and ultimate response to what has consistently been characterized as a serious problem requiring attention and action.
I really appreciate that you have each taken the time to come here today to share your views about this problem. An engaged community is at the foundation of a well-functioning society. Your perspective and feedback about money laundering and how you feel that it is affecting your community is important to the work that we are doing at the Commission.
I very much look forward to hearing from you.
Thank you.
Speaking Notes - Commissioner Austin Cullen
October 18, 2019
Before I formally open this hearing, I would like to say a few words since this is the first time that I am speaking publicly in my role as Commissioner of the Commission of Inquiry into Money Laundering in British Columbia.
This hearing has been convened in accordance with a direction I made following the receipt of 20 applications from various individuals and entities seeking leave to participate in the Commission of Inquiry into Money Laundering in British Columbia. On September 24, 2019, I granted participant status to 16 of the applicants with a direction that the remaining four applicants—Messrs. Alderson, Desmarais, Lightbody and Pinnock—attend an oral hearing of the Inquiry to enable a further review and determination of their individual circumstances in light of the relevant considerations governing those applications.
In the meantime, the British Columbia Real Estate Association sought—and was granted—an extension of time to apply for participant status. I granted the extension of time and their application for participant status on October 16, 2019. My reasons for doing so are posted on the commission's website.
As I understand it, Mr. Alderson, after discussions with Senior Commission Counsel, has elected to withdraw his application for participant status, being satisfied that if he is called as a witness, he will be able to contribute to the work of the Commission to the extent he wishes.
Before considering the remaining three applications, it seems appropriate to provide a brief overview of the nature and scope of our mandate and to say something about the Commission itself, which will help to give some context to these applications.
As I noted in the Introductory Statement posted on the Commission's website, there appears to be a consensus among law enforcement officials, academics and subject matter experts that British Columbia is a jurisdiction in which money laundering is flourishing.
The mandate of the Commission—which was established by the Provincial Government—is very broad. It encompasses various economic sectors where money laundering is said to have taken root, grown and evolved, and it requires the Commission to make findings of fact in relation to:
In addition, the Commission has a responsibility to make recommendations to address the conditions that have enabled money laundering to grow and evolve in the province.
In recent years, there has been extensive media investigation and coverage of money laundering. There have also been studies and reports prepared by academics and other experts that shed light on the prevalence of money laundering in the province and on its noticeable effects.
As a result, the public has become aware of, and concerned about, this problem. One recent poll reported that approximately 90% of British Columbians are concerned about money laundering.
It is part of this Inquiry's role to add to the public's understanding of the nature and scale of money laundering in the province and to address its concerns, to the extent possible, through recommendations for action.
There is also an incidental benefit from simply bringing additional concentrated attention to the crime of money laundering. The more awareness there is of its presence, and of the profound social harms it springs from and propagates, the less complacency there can be for facilitating or tolerating it.
Brock Martland, Q.C. and Patrick McGowan, who are present at this hearing, are the two Senior Commission Counsel. They have undertaken the significant responsibility of assembling and organizing the evidence that will be placed before the Commission at the hearing stage. The evidence will come from many sources and will cover a broad array of topics. To assist in this task, they have put together a very capable team of lawyers and consultants. Biographies of all of the Commission Counsel are posted on our website.
This Commission, like all commissions appointed under the Public Inquiry Act, S.B.C. 2007, c. 9, is independent of government. We serve the people of British Columbia.
This means that the Commission must live up to certain standards in conducting its public hearings. One of the integral standards is that of fairness to those whose privacy interests, legal interests, or reputational interests may be affected by the proceedings. Another important standard for the Commission is thoroughness. The Commission must do its utmost to ensure that its subject matter is comprehensively and meaningfully covered. That entails hearing from a range of voices and points of view.
One of the mechanisms of ensuring fairness and thoroughness is permitting certain parties to act as participants in the proceedings—if their interests may be affected by the findings of the Commission, if their participation would further the conduct of the Inquiry, and/or if their participation would contribute to the fairness of the Inquiry.
Not all persons or organization representatives, who may be called as witnesses, are entitled to participant status. If a person believes that he or she has relevant evidence to give, they may be entitled to testify and they may be represented by counsel. It does not follow that having relevant evidence to give justifies a granting of participant status. The other conditions I have mentioned must be in play.
This hearing is not adversarial. It is an attempt by all present to get at the root of the question of whether Messrs. Desmarais, Lightbody and Pinnock meet the criteria for status as participants, or whether their involvement is appropriately confined to be a witness or potential witness. I do not anticipate any need for extensive evidence or any cross-examination at this hearing. A simple exploration of the factual and statutory conditions at issue will lead to an appropriate resolution.
As I understand it, Mr. Martland and Mr. McGowan have spoken with counsel for Messrs. Desmarais, Lightbody and Pinnock and have agreed upon a format for proceeding this morning. I will now ask one of them to set forth what format these proceedings will follow.
Media Advisory/Visual and Interview Opportunity
For Immediate Release
October 17, 2019
The Commission of Inquiry into Money Laundering in British Columbia is set to hold an oral hearing for four applicants for participant status: Ross Alderson, Brad Desmarais, James Lightbody and Fred Pinnock. The hearing is open to the public.
Date: Friday, October 18, 2019
Time: The oral hearing will begin at 9:30 a.m.
Location: Federal Court of Canada at 701 West Georgia Street, Vancouver, in courtroom 701.
Visual/Audio Opportunity: Commissioner Cullen will make introductory remarks at the outset of the hearing. There will be the opportunity to videotape and take photos during Commissioner Cullen's opening remarks in the courtroom. At the conclusion of the Commissioner's opening remarks, there will be a two-minute break and media will be asked to end videotaping and photography. The hearing will then begin.
Interview Opportunity: The Commission's Director of Communications, Ruth Atherley, will be at the hearing. If you would like to interview Senior Commission Counsel, please let Ruth know and she will set this up either prior to or after the hearing.
The oral hearing is being undertaken to offer the applicants an opportunity to provide the Commissioner with additional information to support their participant applications. It will allow the Commissioner an opportunity to seek any further information that he feels would assist him in assessing whether the applicants satisfy the criteria for being granted status as participants.
While the applicants may be present at the oral hearing, it is not required; their legal counsel may represent their interests at the hearing. The participants or their legal counsel will be given the opportunity to make an oral submission supplementing and supporting their applications. It is not anticipated that any of the applicants will be cross-examined at this hearing.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Grants Standing to British Columbia Real Estate Association
For Immediate Release
October 16, 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has released an additional Participants Application Ruling. The British Columbia Real Estate Association (BCREA) has been granted standing.
In total, 21 applications were submitted. With the addition of the BCREA, Commissioner Austin Cullen has now granted standing to 17 applicants:
Details of the grant of standing given to the BCREA are set out in the Ruling, which is available on the Commission's website at: https://cullencommission.ca/participants/ (Participant Application Ruling #2).
The Commissioner has concluded that an oral hearing is required to further consider the applications of four individuals who sought standing. They are Ross Alderson, Brad Desmarais, James Lightbody and Fred Pinnock. The oral hearing is set for Friday, October 18, 2019, at Canada Federal Court at 701 West Georgia Street in Vancouver.
Members of the public who did not apply for participants standing but who are interested in providing information to the Commission of Inquiry into Money Laundering in British Columbia or who want to testify at the Inquiry hearings are encouraged to contact Commission Counsel at: info@cullencommission.ca.
The Rules for Standing provided a due date for submissions of September 6, 2019, but the Commissioner has the discretion to extend that deadline. Anyone seeking to apply for participant status is encouraged to apply in accordance with the Rules for Standing and to seek an extension of time. Those applications will be carefully considered and determined on their merits. For individuals and organizations seeking formal standing as participants (similar to parties in a court case) at the hearings, the Commission's Rules for Standing can be found at: www.cullencommission.ca/participants.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Date Set for Oral Hearing for Participant Status Application for Four Applicants
For Immediate Release
October 15, 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia is set to hold an oral hearing for four applicants for participant status — Ross Alderson, Brad Desmarais, James Lightbody and Fred Pinnock — on Friday, October 18, 2019 at the Federal Court of Canada at 701 West Georgia Street, Vancouver, in courtroom 701. The oral hearing will begin at 9:30 a.m. Commissioner Cullen will make introductory remarks at the outset of the hearing.
The oral hearing is being undertaken to offer the applicants an opportunity to provide the Commissioner with additional information to support their participant applications. It will allow the Commissioner an opportunity to seek any further information that he feels would assist him in assessing whether the applicants satisfy the criteria for being granted status as participants.
While the applicants may be present at the oral hearing, it is not required; their legal counsel may represent their interests at the hearing. The participants or their legal counsel will be given the opportunity to make an oral submission supplementing and supporting their applications. It is not anticipated that any of the applicants will be cross-examined at this hearing.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Announces Public Meetings
For Immediate Release
October 2, 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has announced the dates and locations of its public meetings. These public events will provide British Columbians from different parts of the province with the ability to come forward and express what they feel are issues of concern, and to identify areas that they would like the Commission to focus on or to include in the process.
The public meetings are:
All meeting times are from 5:30 p.m. to 8:00 p.m.
Those wishing to present at a public meeting are asked to pre-register. More information on the public meetings — and registration forms to present at a meeting — can be found at: https://cullencommission.ca/public-meetings/.
Members of the public who cannot attend one of the planned public meetings and who want to provide information to the Commission are asked to e-mail Senior Commission Counsel at: contact@cullencommission.ca.
About the Commission
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. It is independent of government. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Releases Participants Application Ruling
For Immediate Release
September 24, 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia has released the Participants Application Ruling. Twenty applications were submitted. The Commissioner has granted standing to 16 of the applicants:
Details of the grant of standing given to each applicant are set out in the Ruling which is available on the Commission's website at: Participants Applications Ruling .
The Commissioner has concluded that oral hearings are required to further consider the applications of four individuals who sought standing. They are Ross Alderson, Brad Desmarais, James Lightbody and Fred Pinnock. Details about the oral hearings - which will be open to the public - will be available at: www.cullencommission.ca, once a date and venue have been determined.
Members of the public who did not apply for Participant Standing but who are interested in providing information to the Commission of Inquiry into Money Laundering in British Columbia or who want to testify at the Inquiry hearings are encouraged to contact Commission Counsel at: info@cullencommission.ca.
The Rules for Standing provided a due date for submissions of September 6, 2019, but the Commissioner has the discretion to extend that deadline. Anyone seeking to apply for participant status is encouraged to apply in accordance with the Rules for Standing and to seek an extension of time. Those applications will be carefully considered and determined on their merits. For individuals and organizations seeking formal standing as participants (similar to parties in a court case) at the hearings, the Commission's Rules for Standing can be found at: www.cullencommission.ca/participants/.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions, and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021. For more information, please visit: www.cullencommission.ca.
Releases Rules for Standing for Participants
For Immediate Release
July 29 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia (the Cullen Commission) has released its Rules for Standing for participants. Individuals, groups, associations or others who wish to seek formal standing as participants in the Inquiry's hearings can review the Rules for Standing via the Commission's website at: www.cullencommission.ca/participants/.
Applications for participant status must be submitted as set out in the Rules for Standing, on or before Friday, September 6, 2019.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021.
For more information, please visit: www.cullencommission.ca
Announces Senior Inquiry Team
For Immediate Release
July 29, 2019
Vancouver, B.C. - The Commission of Inquiry into Money Laundering in British Columbia (the Cullen Commission) has announced its senior team. Commissioner Austin Cullen will lead the following team:
Brock Martland, QC, a partner at the firm of Martland & Saulnier in Vancouver, practises in the area of criminal law, handling trials and appeals, mainly for the defence and sometimes for the Crown. He has been involved in cases concerning police discipline, administrative and constitutional law, extradition and youth justice.
Mr. Martland comes to the role of Senior Commission Counsel with experience as Associate Commission Counsel for the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River and for the Frank Paul Inquiry (the Davies Commission) into the death of Frank Paul.
He is a graduate of the University of Victoria (Law) and Queen's University (B.A. (Hon.)). Mr. Martland clerked for the Honourable Justice Major at the Supreme Court of Canada.
Patrick McGowan is a Vancouver-based trial and appellate lawyer who practises criminal, civil and administrative law. He has been involved in cases dealing with a wide variety of complex legal and constitutional issues in British Columbia and at the Supreme Court of Canada.
Mr. McGowan served as Associate Commission Counsel in two earlier inquiries: the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River, and the Braidwood Commissions of Inquiry into Conducted Energy Weapon Use and the Death of Robert Dziekanski.
Mr. McGowan obtained his law degree from the University of British Columbia, following which he clerked with the Supreme Court of British Columbia. He currently practises with the law firm Ritchie Sandford McGowan.
Christine Judd holds the role of Policy Counsel, and is a graduate of the University of British Columbia. She was called to the Bar in 1999 after clerking for the Supreme Court of British Columbia. She has been legal counsel to the BC Supreme Court for the past 18 years, where she assisted justices with complex criminal and constitutional law cases.
Leo Perra has been named Executive Director for the Commission, Cathy Stooshnov serves as the Manager, Finance and Administration and Ruth Atherley (AHA Creative Strategies Inc.) has taken on the role of Director, Communications.
The Commission of Inquiry into Money Laundering in British Columbia was announced on May 15, 2019 by Premier John Horgan. Led by Commissioner Austin Cullen, the Commission will look at the full scope of money laundering in British Columbia, including real estate, gaming, financial institutions and the corporate and professional sectors. The Commission will also examine regulatory authorities and barriers to effective law enforcement of money laundering activities. Commissioner Cullen has the ability to compel witnesses and order the production of documents and records.
The Commission is required to deliver an interim report by November 15, 2020 and a final report by May 2021.
For more information, please visit: www.cullencommission.ca.