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The Federal Court dismissed Jing Jing He’s injunction motion, finding no serious issue or irreparable harm and awarding the Attorney General $500 in costs.
The Court held the Tribunal erred in law by construing "attached to" to include a temporary contact maintained only by human intervention and by conflating user benefits with enhancement of the host good; on textual, contextual and purposive analysis (including bilingual comparison and associated words rule) the phrase requires an independent physical connection or integration beyond mere hand-held contact, therefore the gloves are not "for use in" scalpels under tariff item 9977.00.00 and the Tribunal's decision was set aside.
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The Tribunal erred as a matter of law in shifting any burden to the Agency to disprove statutory exclusions; under s.152(3)(d) of the Customs Act the respondent bore the burden to prove that the goods were not properly classified under tariff item 9898.00.00 or that an exclusion applied; the Tribunal's procedural fairness reasoning also failed because it conducted a de novo hearing and could have requested further particulars, and therefore the appeal is allowed and the Knife is classified as a prohibited weapon under tariff item no. 9898.00.00.
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The Federal Court set aside CBSA’s refusal to waive interest on GST owing, finding the officer failed to engage with Lufthansa Technik’s main no-revenue-loss argument.
Appeal dismissed from convictions for importing and possessing cocaine for trafficking, with the Court upholding refusal of late written submissions and the trial judge’s circumstantial finding of knowledge.
The court dismissed two Charter voir dires, upholding a brief cell phone search incident to arrest and validating a general warrant for prohibited devices.
The Federal Court dismissed judicial review of a customs seizure, holding that viable cannabis seeds were reasonably treated as cannabis and could not be returned under the Customs Act.
The CITT’s findings of fact, including its assessment and preference of the respondent’s expert evidence, were reasonable and entitled to deference under Vavilov; the applicant was afforded procedural fairness and was not denied a reasonable opportunity to have his expert examine the pistol given security constraints and offered inspection arrangements; there was no evidence of actual or apprehended bias; accordingly the judicial review application is dismissed and costs are awarded.
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The refusals were not reviewable because they either involved non-discretionary statutory duties or fell squarely within the Customs Act's comprehensive re-determination and appeal regime, rendering the judicial review application premature and bereft of any possibility of success; striking the notice of application and dismissing the appeal was therefore proper.
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Statutory appeal dismissed after the Court found the plaintiff failed to declare two bottles of wine and was given a fair chance to complete his declaration.
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