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FCTD

Saad v. Canada (Border Services Agency), 2016 FC 1382

Saad did not intend to contravene the Customs Act is irrelevant in assessing whether or not a seizure and penalty is valid. [25]            As the court in Trites v. ... The Enforcement Manual states that Level 2 “applies to violations where the circumstances demonstrate an active attempt by the importer to contravene the Customs Act.” Specifically, under the heading of “Non-Report and Inaccurate Information”, the Enforcement Manual states that Level 2 is applied when the circumstances are the same as for Level 1, but “inaccurate information is given concerning the goods following their discovery”. [29]            Here the penalty was assessed at Level 2 because, according to the CBSA, not only was there an active attempt to contravene the law, but Mr. ...
SCC

Spencer v. R., 85 DTC 5446, [1985] 2 CTC 310 (SCC)

(a) director, officer, employee or agent of any licensee or former licensee: shall, without the express or implied consent of the customer concerned, disclose to any person any such information relating to the identity, assets, liabilities, transactions, accounts of a customer of a licensee or relating to any application by any person under the provisions of this Act as the case may be, except (iii) when a licensee is lawfully required to make a disclosure by any court of competent jurisdiction within The Bahamas, or under the provisions of any law of The Bahamas.... (3) Every person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding fifteen thousand dollars or to a term of imprisonment not exceeding two years or to both such fine and imprisonment. ...
FCTD

Minister of National Revenue v. Sand Exploration Limited, 512436 Alberta Limited, 383316 Alberta Limited and Cantana Energy Inc., [1995] 2 CTC 137

For example, he says there is a question as to whether section 231.2 of the Income Tax Act contravenes section 8 of the Charter of Rights and Freedoms in respect of the requirement on third parties to disclose the names of unnamed persons. ...
TCC

Brian W. Fraser v. Her Majesty the Queen (Informal Procedure), [1993] 2 CTC 3139

In these circumstances, the appellant has pleaded that the provisions of the Income Tax Act and its, to use the appellant’s word, “conflict” with other relevant laws and discriminates against the unemployed and contravenes the Canadian Charter of Rights and Freedoms. ...
QCQC decision

Her Majesty the Queen v. Tracy 8. Ludington, [1963] CTC 478, 64 DTC 5022

The Court approves the remarks of Judge O’Meara, where he says: ‘ it becomes clear that the evil envisaged by the non-compliance with or by the contravention of the said sections of the Act is one which goes to the very heart of the administration and perception of the revenue of the state, and a failure on the part of any person to comply with such dispositions or such person to contravene the same, may, in the given circumstances, be considered almost as a fraud perpetrated upon the constituted agency of Government to which is entrusted the administration and enforcement of the Act.”’ ...
ONCA decision

Dillon v. Toronto Millstock Co. Ltd. And Dolson., [1942] CTC 223

From this decision an appeal was taken to the County Judge, who dismissed the appeal, holding that in the absence of affirmative evidence that the notice did not contravene the provisions of s. 66(3) of the Separate Schools Act, the whole of the assessments of the Company ‘‘should be entered, rated and assessed for the purpose of Public Schools. ...
FCA

MNR v. Kruger Inc., 84 DTC 6478, [1984] CTC 506, [1984] CTC 519, [1984] DTC 6489 (FCA)

In my reasons for judgment in the case of The Minister of National Revenue v Kruger Inc (File No A-l 153-83), which reasons will be filed at the same time as these, I express the view that subsection 231(4) of the Income Tax Act contravenes section 8 of the Constitution Act, 1982 in that it empowers the Minister, when he has reasons to believe that a taxpayer committed an offence under the Income Tax Act, to authorize a search for documents and things that may afford evidence not only of that offence but, also, of the violation of any other provision of the Income Tax Act. ... I would, for these reasons, allow the appeal, set aside the judgment of the Trial Division and declare (1) that subsection 231(4) of the Income Tax Act contravenes section 8 of the Canadian Charter of Rights and Freedoms and 1s, for that reason, inoperative; (2) that the seizures of the appellants’ documents, books and records executed on July 8 and August 9, 1982, pursuant to authorizations issued under subsection 231(4) of the Income Tax Act, were unlawful; and (3) that the appellants are therefore entitled to the return of all documents and things illegally seized on July 8 and August 9, 1982. ...
FCTD

Stella-Jones Inc. v. Hawknet Ltd., 2005 FC 206

Buteau dated January 26, 2005, it is removed from the file and was not considered in the context of this decision, as it contravenes subsection 84(2) of the Rules.                      ...
TCC

Morin v. The Queen, 92 DTC 1069, [1991] 2 CTC 2645 (TCC)

S.C. 1970-71-72, c. 63) (the "Act") would constitute unequal treatment and would thereby contravene the Canadian Charter of Rights and Freedoms. ...
TCC

Bongiovanni v. The Queen, docket 1999-3031(IT)I (Informal Procedure)

Her Majesty The Queen, 94 DTC 6075 (both decisions of the Federal Court of Appeal) considered the Charter issue in cases very similar to the present and concluded that the effect of the provisions in issue did not contravene the Charter. ...

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