Digests

Decision Information

Pham v. M.N.R.

Collection Digests
Date 2006-06-14
Neutral citation 2006 FC 759
Report citation [2007] 1 F.C.R. D-10
File numbers T-1956-05
Subjects Customs and Excise - Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Notes Full-Text Decision

Decision Content

CUSTOMS AND EXCISE

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Application for mandamus to compel Minister of National Revenue to make decision under Proceeds of Crime (Money Laundering) and Terrorist Financing Act, s. 12(1) in respect of funds seized in April 2005, ownership of which claimed by applicant—Whether Minister had authority to demand evidence as to claim to lawful ownership of funds from person making request under Act, s. 25; if so, were demands, actions of Minister consistent with requirements of procedural fairness—S. 25 not requiring Minister to determine lawful ownership—Application allowed—Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, ss. 12, 25.

Pham v. M.N.R. (T-1956-05, 2006 FC 759, Hughes J., judgment dated 14/6/06, 15 pp.)

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