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ContrĂŽle judiciaire rejetĂ© : la Cour fĂ©dĂ©rale confirme la confiscation dâespĂšces non dĂ©clarĂ©es et retient quâaucun vice dâĂ©quitĂ© procĂ©durale nâest dĂ©montrĂ©.
The Federal Court upheld a ministerial review maintaining seizure and forfeiture of $31,290 for failure to report and insufficient proof of legitimate origin.
The Tribunal reasonably found the applicant failed to truthfully and timely declare the meat products under s.16(1) of the Health of Animals Act, the E311 card did not excuse non-disclosure at the PIK, and under the AAMP scheme absolute liability principles bar due diligence or mistake defences, so upholding the notice of violation and $1,300 penalty was reasonable.
Source excerpt
Federal Court dismissed judicial review of a currency-seizure appeal, finding no procedural unfairness and holding the Ministerâs refusal of relief was reasonable.
The trial judge correctly applied the border detention test and found, on the evidence and on an objective assessment of the officer's belief, that the officer's initial questioning and xâray did not amount to detention; detention (and the obligation to inform of counsel) arose when the officer cut open the bags and discovered cocaine. The trial judge's factual findings were open to him and the sentence imposed fell within the established range and did not require mitigation for the abolition of accelerated parole review.
Source excerpt
The Federal Court dismissed a motion to set aside a prothonotaryâs order requiring counsel, finding no new matter, fraud, or procedural unfairness under Rule 399.
The Federal Court dismissed judicial review of a forfeiture decision, finding the applicant had not shown a legitimate source for $20,000 USD hidden on entry to Canada.
The Federal Court dismissed Alain ThĂ©riaultâs appeal, holding he was in actual possession of over CAD 10,000 when departing Canada and had to report it.
Federal Court held that forfeiting all seized currency was unreasonable where only part of the funds was shown to be legitimate and remitted the matter for reconsideration.
Judicial review dismissed. The Federal Court held the Minister reasonably refused relief from forfeiture because the applicant did not establish the legitimate origin of seized funds.
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