“A Security Is What the Law Says It Is”: Legislative Breadth and Judicial Purpose in Canadian Securities Law
Canadian securities law has long resisted narrow or technical definitions of the term “security.” Instead, both legislatures and courts have embraced an intentionally expansive and purposive conception, one designed to capture a wide range of investment arrangements rather than a closed set of financial instruments. The oft‑invoked proposition that “a security is what the law says it is” reflects not interpretive casualness, but a deliberate regulatory strategy. Overbreadth in the statutory definition of “security” is not an accident of drafting; it is a conscious design choice that enables securities regulation to respond to evolving forms of capital formation and investment. . . . [more]
