Canada Case Law

Fridman Et Al. v. Canada (Minister of Foreign Affairs) Et Al.

Court

Federal Court of Appeal

The appeals are dismissed because the Minister's decisions not to recommend delisting were reasonable: the statutory term "family member" is plain and unqualified in paragraph 2(d) of the Russia Regulations; the connecting phrase "in relation to" admits a broad connection; the Minister considered the appellants' submissions in light of the statutory objectives and the prevention of sanctions evasion, and there were no reasonable grounds to recommend removal.

Source excerpt

• Standard of review
• Ultra vires
• Definition of family member
• Delisting from sanctions list
• Reasonableness of administrative decision

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Deeb v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Reynold Deeb’s judicial review of the Minister’s refusal to remove him from Canada’s Haiti sanctions list, finding the decision reasonable and procedurally fair.

• Special economic measures act
• Removal from sanctions list
• Procedural fairness
• Standard of review — reasonableness
• Procedural-fairness
• Reasonableness-review

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Makarov v. Canada (Foreign Affairs)

Court

Federal Court of Appeal

Given the legislative scheme granting wide discretion in foreign affairs and sanctions, the Minister reasonably concluded on the record that Makarov remained an associate of the Russian regime and that his distancing evidence was inadequate; the Minister's reasons and the detailed record render the decision reasonable and not subject to judicial substitution, so the appeal is dismissed.

Source excerpt

• Judicial review
• Reasonableness standard
• Ministerial discretion
• Definition of associate
• Delisting of sanctions
• Foreign affairs deference

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Braun v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a Rule 51 motion, upholding the finding that Braun’s judicial review of Haiti sanctions listing was premature because section 8 delisting was an adequate remedy.

• Prematurity
• Adequate alternative remedy
• Procedural fairness
• Delisting under sanctions regulations
• Special economic measures act
• Rule 51 appeal

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Bigio v. Canada (Governor General in Council)

Court

Federal Court

The Federal Court dismissed Gilbert Bigio’s appeal from a case management order striking his judicial review as premature for failure to exhaust the Haiti regulations’ removal process.

• Judicial review
• Procedural fairness
• Exhaustion of remedies
• Special economic measures act
• Mandamus
• Judicial-review

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Fridman v. Canada (Foreign Affairs)

Court

Federal Court

The Federal Court dismissed two judicial review applications challenging delisting refusals under Russia sanctions, finding the Minister’s decisions reasonable.

• Delisting from sanctions list
• Reasonable grounds to recommend
• Special economic measures (russia) regulations s.2(d)
• Procedural fairness
• Ultra vires challenge
• Sanctions-law

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Mobile Telesystems Public Joint Stock Company v. Canada (the Attorney General)

Court

Federal Court

The Federal Court dismissed MTS’s appeal from an order striking its judicial review application as premature because the sanctions delisting process in s. 8 had not been exhausted.

• Adequacy of alternative remedy
• Prematurity
• Motion to strike
• Affidavit admissibility
• Parliamentary privilege
• Judicial-review

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United States v. Sari

Court

Supreme Court of British Columbia

In this extradition committal hearing, the court found sufficient circumstantial evidence that Sari participated in transactions benefiting Mahan Air and ordered committal.

• Double criminality
• Admissibility of evidence
• Fraud (s.380(1)(a) criminal code)
• Committal for extradition
• Circumstantial evidence
• Correspondent banking

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Mobile Telesystems Public Joint Stock Company v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck MTS’s judicial review as premature because it had not used the section 8 delisting process under the sanctions regulations.

• Prematurity
• Exhaustion of remedies
• Special economic measures (russia) regulations s.2 and s.8
• Inadmissibility of affidavit evidence on strike motions
• Exceptional circumstances
• Costs

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Makarov v. Canada (Foreign Affairs)

Court

Federal Court

Judicial review of the Minister of Foreign Affairs’ refusal to recommend delisting under the Russia sanctions regime was dismissed as reasonable.

• Special economic measures act
• Russia regulations (sor/2014-58)
• Delisting from sanctions list
• Standard of review (reasonableness)
• Ministerial deference
• Use of open-source evidence

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