Federal Court

Criminal Law

Evidence did not link funds to legitimate source


Evidence did not link funds to legitimate source

Application by applicant for judicial review decision by Minister denying applicant’s request to return funds forfeited to Crown under provisions of Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Can.). Applicant was subjected to currency seizure when he failed to report CDN $335 and US $9,880 to Canadian Customs officials prior to his departure from airport in Toronto en route to Costa Rica, as required by s. 12(1) of Act. Canada Border Services Agency seized funds as suspected proceeds of crime. Application dismissed. It was reasonably open to Minister to decline to exercise discretion in favour of applicant. Minister, as matter of policy, concluded that establishment of legitimacy of source of funds was important factor in exercise of discretion, and this was relevant consideration given purposes of legislation. Evidence did not effectively link funds to legitimate source. There was no basis to applicant’s submission that Minister’s delegate exhibited bias.

Docherty v. Canada (Minister of Public Safety and Emergency Preparedness) (June 8, 2012, F.C., Phelan J., File No. T-1491-11) 216 A.C.W.S. (3d) 904 (17 pp.).

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