The Adjudicator Who Ruled on Herself

When adjudicators rule on motions challenging their own conduct, democracy blinks.

On December 12, 2025, Adjudicator Andrea Burke of the Ontario Capital Markets Tribunal dismissed 3 bias motions that directly named her. This wasn’t simply a procedural error, it was a foundational breach of justice. No adjudicator can fairly decide a matter in which their own impartiality is the issue. That is a bedrock principle in Canadian law, affirmed repeatedly by our courts and tribunals.

Burke not only denied the motion but then proceeded to dismiss the entire application weeks later, without a hearing, without notice, and without providing the applicant an opportunity to respond. The record was sealed; the reasons withheld.

This was not justice. It was administrative self-protection disguised as adjudication. Her rulings were not impartial but self-serving, shielding institutional actors — including the OSC and the CSE — from scrutiny related to MJDS treaty violations.

Such conduct erodes faith in the very regulatory systems meant to protect Canadian investors and uphold international agreements. If left unchecked, it will not just damage reputations — it will compromise Canada’s standing as a fair and transparent jurisdiction.