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Judicial review of a partial seizure-return decision under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act was dismissed; the delegate’s decision was found fair and reasonable.
The Federal Court upheld a ministerial decision confirming forfeiture of seized currency after Hoang failed to provide evidence that the funds were legitimate.
The trial judge's finding that the interaction remained routine until Officer Rodgers showed the x-ray images and the appellant then asked 'What's in it?' was reasonable; detention (and engagement of Charter rights) occurred at that point, no incriminating statements were made after detention, and therefore the trial judge correctly admitted the pre-detainment statements and the conviction stands.
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The Tribunal reasonably concluded the filing constituted an administrative appeal under s.58 rather than a clerical/arithmetic correction under s.12(2), and reasonably held that the President, pursuant to s.59, could re-determine duties and examine the values used (including use of discrete 60-day profit periods and application of para. 11(1)(b)); the Federal Court of Appeal dismissed the appeal and upheld the Tribunal’s decision.
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The Federal Court held that “actual possession” under the currency reporting rules means physical possession, and dismissed the appeal after finding no officially induced error.
The Federal Court dismissed judicial review of a forfeiture decision, holding the applicant failed to prove a legitimate source for all seized currency and showed no procedural unfairness.
The Federal Court of Appeal dismissed the appeal because the Federal Court properly confined its review to the s.29 decision (the Minister's Delegate's refusal of relief); applying the reasonableness standard, the Delegate's decision was reasonable given the appellant's failure to produce verifiable documentary evidence linking the seized cash to a legitimate source, so the decision to confirm forfeiture stands.
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The Court held that outbound border screening can follow the same Charter framework as entry screening. It found no constitutional detention or unreasonable purse search before formal detention.
Crown appeal from an acquittal for failing to report exportation of currency under the PCMLTFA. The acquittal was set aside and a new trial ordered.
The Tribunal held that CBSA officers, when administering or enforcing customs and excise law through primary and secondary examinations, were providing "services" within the meaning of s.5 CHRA because the CEHRI Regulations and related Memoranda of Understanding demonstrate parliamentary intent and establish a public right to file CHRA complaints about CBSA conduct; therefore the Tribunal has jurisdiction and the CBSA's motion to dismiss was dismissed and the inquiry must continue.
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