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Judicial review of a deportation order was dismissed after the Court found the acting officer had authority, a typing error was immaterial, and no hearing was required.
The Tribunal was correct that the Minister of Public Safety and CBSA lacked statutory authority to conduct the ministerial review under the Monetary Penalties Act; the omission of that Minister from the Act is an under-inclusion that must be remedied by Parliament, not the courts; the Tribunal exceeded its jurisdiction by voiding the Notice of Violation and the appropriate remedy is to remit the misdirected Ministerial review to the proper Minister (Minister of Agriculture) with effect from the original filing date.
Source excerpt
The Supreme Court held that a Special Inquiry Officer could not exercise the Minister’s discretion under para. 3G(d), so the deportation order was invalid.
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