Federal Appeal


International Trade and Customs

Import and export regulation

Permits

Minister could decide to grant licenses because, in his opinion, export was in Canada’s interest

GDLSC Inc. was division of American company and specialized in production of military vehicles used by Canadian Armed Forces. Contracts of sale were negotiated between Saudi Arabia and United States and granted to GDLSC Inc. by CCC, which was corporation responsible for managing American military contract in Canada. In 2014, Saudi Arabia decided to negotiate directly with CCC to procure vehicles and it signed contract that led to export permits. Minister of Foreign Affairs approved issuance of permits for export of light armoured vehicles to Saudi Arabia. Applicant unsuccessfully brought application for judicial review. Applicant appealed. Appeal dismissed. Not only did minister consider economic and trade factors, but he also considered issues of humanitarian law and human rights. Factors set out in manual and guidelines were only subjects to be considered by minister in deciding whether or not to grant licence, they were not binding and could not be considered legal requirements. Responsibility of minister under statutory scheme was to consider all the factors relevant to licensing and minister considered all of these factors. Minister could, notwithstanding reasonable risk that exported material would be used against civilian population, decide to grant licenses because, in his opinion, export was in Canada’s interest. Court need not ask, since its not its role, if decision of minister was correct but rather only if it considered all relevant factors.

Turp c. Canada (Affaires étrangères) (2018), 2018 CarswellNat 3558, 2018 CAF 133, M. Nandon J.A., Richard Boivin J.A., and Mary J.L. Gleason J.A. (F.C.A.); affirmed (2017), 2017 CarswellNat 161, 2017 CarswellNat 162, 2017 FC 84, 2017 CF 84, Danièle Tremblay-Lamer J. (F.C.).

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