[2011] 3 F.C.R. D-11
CUSTOMS AND EXCISE
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Judicial review of decision by Canada Border Services Agency (CBSA) Recourse Directorate, Appeals Division finding that Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, ss. 12, 18 contravened, holding that seized currency remaining forfeited—Applicant awaiting flight to China at Vancouver International Airport—CBSA officer seizing amount of currency greater than $10 000 from applicant after applicant passing security check—Minister’s delegate stating that applicant failing to explain legal origin of seized currency, not removing suspicion that currency proceeds of crime—Applicant submitting that CBSA officer having obligation to exercise discretion pursuant to Act, s. 14 once applicant having made oral declaration to officer—Also stating that plain reading of s. 14 reflecting Parliament’s intent that money not to be taken from persons candidly, readily informing customs officer of currency after forgetting to do so—Fact that oral declaration made regarding unreported currency not materially assisting Minister’s delegate in determining whether seized currency proceeds of crime or not—Parliament not intending for s. 14 discretion to be exercised in circumstances such as those existing herein—S. 14 discretion no longer available once person approached by customs officer after passing security without yet having reported currency—Interpreting s. 14(1) in a manner making it applicable in such circumstances undermining objectives of Act—Obligation to report currency proactive, to be fulfilled prior to questioning by customs officer in post-security check area of airport—Reasonable, appropriate herein for officer to fail to consider exercising s. 14 discretion, for Minister’s delegate to fail to consider relevance of that failure—Application dismissed.
Mamnuni v. Canada (Public Safety and Emergency Preparedness) (T-1515-10, 2011 FC 736, Crampton J., judgment dated June 22, 2011, 32 pp.)