Citation: 2012 FCA 164
CORAM: NADON J.A.
ATTORNEY GENERAL OF CANADA
Heard at Toronto,
Ontario, on May 31, 2012.
Judgment delivered from the Bench at Toronto, Ontario, on May 31, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
2012 FCA 164
GENERAL OF CANADA
REASONS FOR JUDGMENT OF THE
from the Bench at Toronto, Ontario, on May 31,
Mr. Freiman’s forceful arguments, we are all of the view that, substantially
for the reasons given by Mr. Justice Zinn, s.106(2) and s.135(2) of the Customs
Act apply to bar the Appellant’s proceedings for the return of the diamonds
seized by the Crown on April 13, 2000, or an accounting for and payment of all
proceeds received on the sale of the diamonds.
are not however to be taken to be endorsing Mr. Justice Zinn’s view that if the
officer who effected the seizure did not have reasonable grounds to believe
that the Customs Act or its regulations had been contravened, no seizure
occurred under s.110 of the Customs Act. That point of law need not be
decided to dispose of the appeal.
the appeal will be dismissed with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN DATED JULY 5, 2011, DOCKET NO.
STYLE OF CAUSE: Stephen
The Attorney General of Canada
PLACE OF HEARING: Toronto,
DATE OF HEARING: May 31, 2012
REASONS FOR JUDGMENT NADON, TRUDEL &
OF THE COURT BY: MAINVILLE JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
Mark J. Freiman
Lerners LLP / Heenan Blaikie LLP
FOR THE APPELLANT
Myles J. Kirvan
Attorney General of Canada
FOR THE RESPONDENT