CUSTOMS AND EXCISE
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Judicial review of decision by Minister of Public Safety and Emergency Preparedness confirming forfeiture of undeclared currency under Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, s. 29(1)(c)—Minister’s delegate apparently thought that to dispel reasonable grounds for suspicion currency proceeds of crime, applicant must prove innocent explanation beyond reasonable doubt—Meaning of “reasonable grounds to suspect”—Suspicion must be supported by credible objective evidence, whereas evidence to support belief must be compelling—To dispel suspicion based on reasonable grounds, applicant must adduce evidence proving beyond reasonable doubt no reasonable grounds for suspicion—Adjudicator (whose opinion Minister’s delegate evidently relying upon) committing error in law as proof beyond reasonable doubt sufficient to defeat reasonable grounds for suspicion—But error not material—Application dismissed.
Sellathurai v. Canada (Minister of Public Safety and Emergency Preparedness) (T-155-06, 2007 FC 208, Simpson J., judgment dated 23/2/07, 33 pp.)