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Appeal from refusal to amend a judicial review notice dismissed. The Court upheld refusal of proposed section 15 Charter amendments and new export-control challenges under Rules 301 and 302.
The appeal is dismissed because the Federal Court correctly held that an order lifting a seizure under s.135 of the Customs Act does not authorize exportation without the required permits, the concession relied upon applied only to the state of affairs at the seizure date, and the court cannot grant relief tantamount to an export licence.
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The Federal Court’s decision was reasonable: the Minister lawfully exercised the broad discretion conferred by the EIPA, considered the relevant factors (including human rights and the Yemen conflict) on the evidence before him, the Handbook/Guidelines are non‑binding policy guidance, and the appellant lacked standing to enforce Common Article 1 of the Geneva Conventions; consequently the appeal is dismissed.
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Application for judicial review of the Minister’s approval of export permits for light armoured vehicles to Saudi Arabia dismissed as reasonable.
The Federal Court dismissed Master Tech’s action, holding it could not order export of seized machinery and that export clearance remained subject to other federal agencies.
Extradition committal granted for Su Bin after the court found the certified record and digital evidence sufficient to support offences under the Criminal Code and Security of Information Act.
The Court held that the seized Setra pressure transducers met the Specifications' nickel content and accuracy requirements when read in their grammatical, ordinary and purposive context; the circumstantial evidence supported a finding that the appellant knowingly attempted to supply the transducers to a person in Iran, so the convictions were reasonable and were upheld; however the trial judge erred in treating a specific intended use in Iran's uranium enrichment program as proven for sentencing, and the sentence for the UN offence (count 1) was reduced to a fit sentence of three years with 3…
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The Federal Court dismissed judicial review of Quebec softwood lumber quota allocations, holding the Minister lawfully exercised discretion and did not abdicate it.
The Federal Court upheld Notice 102 under the Export and Import Permits Act and as valid federal trade and commerce policy, dismissing TimberWest’s claims.
The Federal Court struck out Thierry Moreau’s Charter-based action about the Export Control List for failing to disclose a reasonable cause of action.
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