Canada Case Law

AG v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal accepted CBSA travel records and the passport stamp showing departure January 15, 2019 and return January 24, 2019, found the Commission was reasonably satisfied a false or misleading representation occurred (permitting reconsideration within 72 months), and concluded the appellant was outside Canada during his benefit period, resulting in disentitlement from January 21 to January 23, 2019.

Source excerpt

• Entitlement
• Disentitlement
• Outside canada
• False or misleading representation
• Reconsideration time limit

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Menebhi v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed a judicial review of a forfeiture decision. It held the applicant failed to show the seized cash had a traceable legitimate source.

• Forfeiture under proceeds of crime (money laundering) and terrorist financing act
• Section 29 discretionary relief from forfeiture
• Section 27/30 reporting and challenge mechanisms
• Seizure powers under s 18
• Standard of review — reasonableness
• Burden of proof to demonstrate legitimate source of funds

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Pagedped v. Singh

Court

Supreme Court of British Columbia

The court dismissed an application to force police, CBSA and INTERPOL-related action to enforce civil contempt warrants, finding no sufficient factual or legal basis.

• Mareva injunction
• Civil warrants vs criminal warrants
• Cpic and police information systems
• Interpol red notice
• Cbsa statutory authority
• Police discretion in enforcement

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R. v. Hudson

Court

Court of Appeal for Ontario

A pocket search requiring a traveller to empty pockets at a secondary inspection is a routine, non-intrusive category one border search under Simmons and does not engage s.8 of the Charter; the trial judge erred in treating it as requiring reasonable grounds under s.98 and in excluding the evidence, therefore the appeal is allowed and a new trial ordered.

Source excerpt

• Section 8 charter - unreasonable search and seizure
• Border searches
• Customs act s.98
• Exclusion of evidence s.24(2) charter

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