Customs and Excise
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Applicant failing to report carrying of over CAN$20,000 in luggage contrary to Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, s. 12(1) — Customs officer concluding reasonable suspicion currency in applicant’s possession proceeds of crime, seizing money as forfeited to Crown — Judicial review of decision by Minister of Public Safety’s delegate confirming currency should remain forfeited — Non-disclosure of missing information not breach of procedural fairness — However, respondent should avoid putting in place processes that allow submissions to be made without disclosure, should put in place systems that would remove ability of customs officer to provide further comments or provide disclosure of such comments to applicant — Application dismissed.
Yang v. Canada (Minister of Public Safety) (T-2274-06, 2008 FC 158, Snider J., judgment dated 7/2/08, 22 pp.)