Search - contravention

  (2)  If, in the opinion of the peace officer or a person appointed by the board, the vehicle or combination of vehicles or the cargo being carried on such a vehicle is found to be unfit for transportation or dangerous to passengers or the public or for any other reason results in a contravention of this Act or the regulations, he may:   (a) order the driver or the owner of the vehicle to take any steps that are necessary to eliminate the contravention; and   (b) order that the vehicle be removed from the highway until compliance with this Act and the regulations is established ... Nevertheless, given the totality of the circumstances, it does appear that the officer was more interested in looking for evidence of criminal activity than for contraventions of commercial trucking regulations.  ... In the same vein, s. 63(5) of the H&TA provides that if a police officer “has reasonable grounds to believe that a vehicle is being operated in contravention” of regulatory requirements, he may conduct a warrantless search of “the vehicle for evidence of an offence” and “seize anything that may be evidence of an offence”.  ...

Subsection (4) of sec. 84 further provides that any money paid or given in contravention of the section may be recovered from the licensee by the person making the payment. ... Finally, it was argued that the policy pursued by the appellant was an evasion, and in the manner of its procedure was a contravention, of the provisions of the Government Liquor Control Act, 1928, of Manitoba. ... With reference to these provisions, it is stated that a large part of the beer was bought on credit and the submission is that such a method is a direct contravention of the section. ...

Courts—Powers of courts—Income tax—Confidentiality—Whether Revenue Canada is obliged or can be compelled to disclose information contained in tax return—Statutory provisions precluding disclosure of information—Case did not fall within exception—Inherent jurisdiction of the court could not be exercised in contravention of statutory provisions—Income Tax Act, 1970-71-72 (Can.), c. 63 as amended, s. 241. ...

Subsection (4) of sec. 84 further provides that any money paid or given in contravention of the section may be recovered from the licensee by the person making the payment. ... Finally, it was argued that the policy pursued by the appellant was an evasion, and in the manner of its procedure was a contravention, of the provisions of the Government Liquor Control Act, 1928, of Manitoba. ... With reference to these provisions, it is stated that a large part of the beer was bought on credit and the submission is that such a method is a direct contravention of the section. ...

These factors, assessed individually or in concert, do not constitute reasonable grounds to suspect a contravention of the Act.   ... Because there were no reasonable grounds for the detention of the appellants in this case, they were arbitrarily detained, in contravention of s. 9   of the Charter  .  ... Section 99(1)(f) refers to a suspicion on reasonable grounds that a contravention of the Customs Act   or its regulations has occurred or might be occurring.  ...

They enact a prohibition and impose a penalty upon the person who acts in contravention of the prohibition. ...

These sections do not profess to create such an obligation, They enact a prohibition and impose a penalty upon the person who acts in contravention of the prohibition. ...

Crawford and Falconbridge state, at p. 97:   But it should be noted that s. 20 refers to invalidity “by reason only” of acts in contravention.  ... Section 174(16)   labels a contravention of the Act an “offence” subject to “summary conviction” and sets out what amounts to a fine.  ... The stipulation in s. 20(1)   of the Bank Act, that no act of a bank is invalid by reason only of a contravention of that Act, is of no consequence; the act is not invalid by reason only of the prohibition in s. 174(2)   (i), but rather by reason of the effect of the contravention on the validity of the partnership under another statute, the Partnerships Act.  ...

A.6, invalid on the ground that it was imposed by a body other than the Legislature of Ontario in contravention of s. 90 (incorporating by reference ss. 53 and 54) of the Constitution Act, 1867  ?   ... I do not, however, agree that the probate fee is invalid on the ground that it was imposed by a body other than the legislature of Ontario in contravention of s. 90 (incorporating by reference ss. 53   and 54   of the Constitution Act, 1867  ).  ...

We are not concerned, therefore, with the necessity of inquiring whether what the respondent did really comes [Page 378] under the definition of "smuggle", because the contravention of the several sections to which I have referred was sufficient to warrant the seizure of the cigarettes and the automobile and their forfeiture. ... In the circumstances, it was fully within the power of the Exchequer Court to [Page 379] declare the seizure and forfeiture valid upon all the contraventions of the Act which were allegedly proven in the case. ... In the present case the report [Page 386] states that the officer had seized the cigarettes and the car for "trying" to import and that he had charged the respondent with contravention of the customs laws as follows: Trying to import United States cigarettes in Canada illegally. ...