Digests

Decision Information

Decision Content

Smith v. Canada

T-1872-92

Rothstein J.

24/11/92

7 pp.

Application to extend time to apply for judicial review under s. 18.1 re: debt certificate issued under Customs Act, s. 145, and registered in Federal Court or demands for payment of ascertained forfeiture under s. 124 -- Application for judicial review under s. 18.1 three months out of time re: debt certificate and eighteen months late re: ascertained forfeiture -- Applicant alleging Legal Aid lawyer not following instructions to file appeal when applicant incarcerated; between acquittal on charges under Customs Act and receipt of certificate of debt, believed criminal proceeding disposing of all matters against him -- Application dismissed -- Debt certificate not contemplated by s. 18.1 -- Challenge of debt certificate not constituting challenge to indebtedness -- Judicial review of debt certificate narrowly circumscribed inquiry into compliance with s. 145 -- Applicant not establishing fairly arguable case re: debt certificate in arguing notices of ascertained forfeiture inappropriate and illegal -- That issue pertaining to decision under s. 124, not debt certificate under s. 145 -- As to notices of ascertained forfeiture, no fairly arguable case judicial review lies to Court directly from notice under s. 124 -- S. 127 providing debt due as result of demand under s. 124 final and not subject to review except in accordance with s. 129 -- S. 129 providing for request of decision of Minister under s. 131 within 30 days of service of notice -- S. 135 providing for appeal to Federal Court, Trial Division of Minister's decision -- As these provisions set out statutory scheme for appeal from ascertained forfeiture, judicial review precluded by Federal Court Act, s. 18.5 -- Also, Customs Act, s. 127 form of privative clause intended to limit challenges of ascertained forfeitures to procedure set out in Act -- If procedure set out in Act for appealing government official's decision to Minister and then to Federal Court followed, anything arbitrary or inappropriate can be caught -- No provision for extension of time to seek Minister's decision -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 124, 127, 129, 135 (as am. by S.C. 1990, c. 9, s. 49), 145 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as enacted by S.C. 1990, c. 8, s. 5), 18.5 (as enacted idem).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.