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‘Illegal insider trading’: B.C. Securities Commission alleges a senior mining exec sold $460K in shares through family accounts

The B.C. Securities Commission (BCSC) is accusing a former senior stockbroker and current mining company chair of illegal insider trading.

The commission claims that Graham Leslie Harris, chair of West Vancouver’s Surge Battery Metals Inc. (TSXV:NILI), sold over 450,000 company shares — secretly. The regulator claims he made $460,565 selling the stock through trading accounts belonging to his family members.

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In a notice of hearing issued Nov. 4, the BCSC says these trades happened while Surge imposed an insider “trading blackout” — a mandatory period when company leaders are legally banned from buying and selling. Surge Battery Metals says Harris will respond to accusations through the official regulatory process.

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What does the BCSC allege?

According to the BCSC, Harris used private information to make an unfair profit.

The BCSC laid out a brief timeline, starting from September 2023, to illustrate the events leading up to the illegal sale.

  1. September 4: Surge’s main geologist emailed Harris and others about early positive drill results from an area of one of the company’s test sites.
  2. Later that day: Harris contacted Surge’s corporate secretary requesting a trade blackout for all directors and employees based on material information that would likely trigger a stock price change.
  3. September 5: Harris allegedly began selling company stock held in accounts belonging to four of his family members.
  4. September 12: Surge made the drill results public, and the trading blackout ended.

Harris has held significant roles in various Canadian investment firms. Starting in 1989, he had a 10-year stint as Vice-President and partner of Yorkton Securities, a former investment bank and stock brokerage firm that was prominent during the mining and tech-bubble eras. In 1999, he joined Canaccord Genuity (TSX:CF) as Senior Vice-President. After that time, Harris was director of at least four mineral exploration companies, before joining Surge in 2023.

The BCSC alleges the illegal trades occurred between accounts held by four family members, using information that hadn’t yet been made public, according to the official notice. Harris is charged with insider trading under the B.C. Securities Act.

Surge made a statement on Nov. 4 stating the allegations are not yet proven until tested in court, and that Harris had been cooperative. If Harris wants to make a statement before a date is set for his hearing, he or his lawyer must appear to the BCSC on Dec. 15.

BCSC representatives did not immediately respond to Money.ca’s request for comment.

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Why does insider trading matter to everyday investors?

Insider trading happens when someone buys or sells a public company’s stock using information not yet made available to the public — in this case, drill results, financial results, an upcoming sale, or by providing an illegal ‘tip’ by sharing that information with someone else.

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These rules are in place to make the stock market fair; if insiders can trade ahead of major news, regular investors are left at a serious disadvantage.

If the BCSC’s claims against Harris are proven true, ordinary investors who bought these shares were unaware of the drill results beforehand — and could not benefit from that knowledge.

To protect investors, and prevent inside trading, many public companies set blackout periods. These are specific times — normally before a company announces its earnings or other major news — when directors, officers, and employees are restricted from trading. These blackouts are company policies, and don’t replace the law.

Breaking insider trading laws can result in massive fines, lifelong trading bans, and criminal charges for more serious cases. For example, the BCSC recently investigated a B.C. resident who was hit with criminal insider trading charges under the Criminal Code.

What can investors do to protect your investments?

You can’t stop company leaders from committing insider trading on your own, but there are protective measures you can take to keep your personal trading accounts safe.

  • Verify your financial adviser’s registration. Use the Canadian Securities Administrator’s tool at aretheyregistered.ca to confirm your adviser is legally allowed to buy and sell stocks in your province.
  • Investigate their past. Look up your adviser’s history and professional background using the CIRO AdvisorReport tool.
  • Audit your financial statements. Review your monthly accounts against your own records to ensure they align with the official firm rather than only the advisor. Call the firm about anything that looks suspicious.
  • Avoid “sure things.” Approach anyone claiming to have a secret tip about stock that’s about to skyrocket with skepticism. It could be illegal inside info or a scam.
  • Handle small, thinly traded stocks with care. Small, junior mining and exploration companies can see their stock prices swing sharply with news, making them more susceptible to insider trading and market manipulation.
  • Report concerns. Contact your provincial securities regulator immediately if you suspect fraud. If your investment firm refuses to resolve a complaint, the Ombudsman for Banking Services and Investments (OBSI) can review it for free.

While the vast majority of financial advisers and corporate insiders follow Canadian law, knowing how to double-check their work can help you spot the ones who don’t, which will keep your finances and accounts safe in the long run.

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Melanie Huddart Contributor

Melanie is an editor and fact checker who is passionate about proofreading and editing personal finance content. She specializes in breaking down complex topics into easily digestible details to help people make wise financial decisions.

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