Canada Case Law

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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R. v. Dhatt

Court

Court of Appeal for Ontario

Where an accused personally carries controlled substances into Canada with intent to traffic, the offence of importing can be committed even if border authorities detect and seize the drugs at point of entry; the trial judge did not err in finding no abandonment of intent, rejected duress on established evidentiary grounds, and imposed a fit sentence within the applicable range.

Source excerpt

• Importing controlled substances
• Possession for the purpose of trafficking
• Duress
• Sentencing

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Sandwidi v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed judicial review of a forfeiture decision, holding the applicant had not shown a traceable, legitimate source for seized currency.

• Forfeiture
• Currency reporting
• Procedural fairness
• Standard of review
• Ministerial discretion
• Judicial-review

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Jama v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a judicial review of a forfeiture decision under the PCMLTFA, finding the delegate reasonably refused relief because the applicant lacked documentary proof of the currency’s lawful origin.

• Forfeiture
• Seizure of currency
• Judicial review - reasonableness
• Evidentiary onus
• Judicial-review
• Seized-currency

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Pesti v. Canada

Court

Federal Court

Judicial review of a $2,500 PCMLTFA penalty for failing to report cross-border currency was dismissed. The Court found the Delegate’s decision reasonable.

• Proceeds of crime (money laundering) and terrorist financing act
• Section 29 penalty review
• Cross‑border currency reporting (section 12)
• Standard of review - reasonableness
• Pcmltfa
• Cross-border-currency-reporting

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R. v. Gausal

Court

Supreme Court of British Columbia

A truck driver charged with importing cocaine and possessing it for trafficking was acquitted after the court found the circumstantial evidence left a reasonable alternative explanation.

• Importation of a controlled substance
• Possession for purpose of trafficking
• Circumstantial evidence
• Document in possession rule
• Wilful blindness
• Search of commercial vehicle

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Bouloud v. Canada (Public Safety and Emergency Predaredness)

Court

Federal Court

The Federal Court dismissed judicial review of a ministerial forfeiture decision under the Proceeds of Crime Act, holding the delegate reasonably refused to return seized currency.

• Forfeiture
• Seizure of currency
• Ministerial discretion under s.29
• Standard of review (reasonableness)
• Proceeds of crime
• Statutory priority (conflict of statutes)

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Canada (Attorney General) v. Tam

Court

Federal Court of Appeal

The Tribunal erred by failing to consider the entire evidentiary context for the officer's referral; no sufficient evidence of racial profiling existed and the record established undeclared importation of pork products; therefore the Tribunal's nullification of the Notice of Violation was set aside and the matter remitted for reconsideration.

Source excerpt

• Judicial review
• Racial profiling
• Secondary examination
• Notice of violation
• Remittal

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Mohammad v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

Judicial review dismissed. The Federal Court held that the Minister reasonably confirmed forfeiture of seized currency because the applicant did not prove its legitimate source.

• Currency export reporting
• Forfeiture of seized currency
• Ministerial discretion under s.29
• Standard of review - reasonableness
• Evidence of legitimate source of funds
• Forfeiture-of-seized-currency

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Guillaume v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed judicial review of a forfeiture decision under PCMLTFA s. 29, finding the applicant had not shown the seized cash came from legitimate sources.

• Forfeiture under pcmltfa s.29
• Judicial review
• Standard of review: reasonableness
• Burden of proof re: legitimate source of funds
• Cross-border currency reporting
• Judicial-review

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