Bouloud v. Canada (Public Safety and Emergency Preparedness)
The appeal is dismissed because existing precedent confines the Minister's section 29 discretion to whether the evidence shows the currency is not proceeds of crime; the trustee acquires no greater rights than the bankrupt and the decision to deny the refund was within that legal framework.
Source-derived case information.
- Citation
- 2016 FCA 41
- Parties
- Appellant: JEAN-MARC POULIN DE COURVAL acting as bankruptcy trustee for Ergün Bouloud; Respondent: MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 February 2016
- Procedural Posture
- Judicial Review Appeal / Appeal to Federal Court of Appeal, Decision Rendered
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Forfeiture, Judicial Review, Ministerial Discretion Under S.29, Bona Fide Ownership, Restitution Under S.32
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JEAN-MARC POULIN DE COURVAL acting as bankruptcy trustee for Ergün Bouloud
Appellant
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Respondent
Procedural Posture
Judicial Review Appeal / Appeal to Federal Court of Appeal, Decision Rendered
Legal Issues
- 1 Whether the Minister properly exercised discretion under section 29 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by disallowing a refund of seized currency
- 2 Whether the bankruptcy trustee replacing the bankrupt can assert greater rights than the bankrupt in seeking refund
- 3 Whether the evidence showed the forfeited currency did not represent proceeds of crime
Ratio Decidendi
The appeal is dismissed because existing precedent confines the Minister's section 29 discretion to whether the evidence shows the currency is not proceeds of crime; the trustee acquires no greater rights than the bankrupt and the decision to deny the refund was within that legal framework.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Bouloud v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court of Appeal Decisions Date 2016-02-08 Neutral citation 2016 FCA 41 File numbers A-116-15 Decision Content Date: 20160208 Docket: A-116-15 Citation: 2016 FCA 41 CORAM: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A. BETWEEN: JEAN-MARC POULIN DE COURVAL acting as bankruptcy trustee for Ergün Bouloud Appellant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent Heard at Montréal, Quebec on February 8, 2016. Judgment delivered from the bench at Montréal, Quebec, on February 8, 2016. REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. Date: 20160208 Docket: A-116-15 Citation: 2016 FCA 41 CORAM: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A. BETWEEN: JEAN-MARC POULIN DE COURVAL acting as bankruptcy trustee for Ergün Bouloud Appellant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on February 8, 2016.) NOËL C.J. [1] This is an appeal from a decision rendered by Justice Bédard, a member of the Federal Court (2015 FC 186) at the time, dismissing the motion for judicial review initially presented by Ergün Bouloud (the bankrupt) and subsequently pursued by Jean-Marc Poulin de Courval, acting as Mr. Bouloud's bankruptcy trustee (the trustee), of a decision rendered by the Minister of Public Safety and Emergency Preparedness (the Minister), disallowing the refund of the currency seized as forfeit under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 (the Act). [2] Given the principle propounded by this Court in Sellathurai v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FCA 255, [2008] F.C.J. No. 1267 at paragraph 50, as confirmed and applied in Canada (Minister of Public Safety and Emergency Preparedness) v. Huang, 2014 FCA 228, [2014] F.C.J. No. 1010 at paragraphs 22, 55 and 59, our intervention is not warranted. [3] As stated in these cases, the Ministers' discretion under section 29 is limited. The only question which arises under this provision is whether the evidence submitted regarding the forfeited currency satisfactorily shows that it does not represent the proceeds of crime. The trustee, by replacing the bankrupt in this proceeding, could not claim greater rights and was therefore subject to the same restrictions. [4] The bona fide owner of forfeited property is, however, not left unprotected, as the remedy provided for under section 32 ultimately allows the Superior Court to order restitution of the forfeited property, provided that the claimant's bona fide interest as owner is shown. [5] The appeal will be dismissed with costs. “Marc Noël” Chief Justice Translation FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-116-15 STYLE OF CAUSE: JEAN-MARC POULIN DE COURVAL ACTING AS BANKRUPTCY TRUSTEE FOR ERGÜN BOULOUD v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Montréal, QuEbec DATE OF HEARING: February 8, 2016 REASONS FOR JUDGMENT OF THE COURT BY: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: NOËL C.J. APPEARANCES: Jean-Philippe Gervais For the appellant Maguy Hachem For the respondent SOLICITORS OF RECORD: Jean-Philippe Gervais Montreal, Quebec For the appellant William F. Pentney Deputy Attorney General of Canada For the respondent