Does the expression “duration of investigation” set a limit to the duration of a non-disclosure order constitute unconstitutionally vague or overbroad?
British Columbia, Canada
The following excerpt is from British Columbia (Securities Commission) v. Clozza, 2017 BCSC 419 (CanLII):
Although the respondent asserts that the expression “duration of the investigation” which sets another limit to a non-disclosure order is unconstitutionally vague or overbroad, the Attorney General, relying on Harper v. Canada (Attorney General), 2004 SCC 33, [2004] 1 S.C.R. 827, says the test for unconstitutional vagueness is satisfied only if the impugned provisions failed to supply an adequate basis for legal debate or render it impossible to delineate an area of risk. He argued that the expression “duration of the investigation” amply allows for legal debate and while there could be a matter of controversy, the legal debate could meaningfully and fully be resolved against this statutory standard.
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