Search - contravention

.: In February 1988, when the plaintiff was an importer of oriental crafts, he contravened the Customs Act. 1 As a result of this contravention, a quantity of jewellery and watches owned by the plaintiff was seized as forfeit by Customs officials. 2 The plaintiff commenced this action against the Crown for negligent misrepresentation, resulting in economic damage, for failing to inform him of the date of the auction at which the goods seized as forfeit from him were sold. ... FACTUAL BACKGROUND On November 7, 1989, a letter was forwarded to the plaintiff advising him of decisions made by or on behalf of the Minister of National Revenue that he was in contravention of the Customs Act, and that the goods seized as forfeit would be returned to him on the payment of $88,399.83. 3 The plaintiff did not pay the amount stipulated by the Minister. Nor did he appeal the Minister"s determination that a contravention of the Act had occurred. ...

Justice Shore BETWEEN: JEYLANI SHARIF MOWLANA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION AND THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondents ORDER UPON motion on behalf of the Applicant for a stay of removal, scheduled for tomorrow, August 9, 2019, pending the determination of an application for leave and judicial review of a Pre-removal Risk Assessment decision; AND UPON having read and considered the written submissions, as well as having heard the oral submissions of both parties; Subsequent to consideration of the tripartite conjunctive criteria of the Toth v Canada test (Toth v Canada (Minister of Employment and Immigration), (1988) 86 NR 302 (FCA)); RECOGNIZING that the standard of review of an enforcement officer’s decision is that of reasonableness, a strong case must exist within specific context under the circumstances; whereas, there is ample objective and subjective evidence to demonstrate serious peril to life and limb as shown herein (Baron v Canada (Public Safety and Emergency Preparedness), 2009 FCA 81); ACKNOWLEDGING the higher standard in respect of serious issue on a matter of refusal to defer a stay; and recognizing, if a stay is granted, it has bearing on the underlying judicial review application (Wang v Canada (Minister of Citizenship and Immigration), 2001 FCT 148, [2001] FCJ No 295 (TD)); RECOGNIZING the consequences of the Applicant’s crime of absconding food stamps, worth $200,000 committed in 2004 and for which he was convicted in 2011 (food stamps used in his store by which customers did benefit as did he with exchanges for the food stamps, in contravention of the food stamp scheme; the Applicant was sentenced to three years of probation and monthly restitution of food stamp value, which he made in monthly payments until his departure from the United States, when the Applicant was informed that he will be removed to his country of origin, Somalia); all of which the Court weighed against the background of serious peril to the Applicant’s life and limb, if he is returned to his country of origin. ...

  [15]            The decision under section 133 is dependent on the statement of contravention before the Court. ... The $5,000 penalty imposed by the CBSA and confirmed in administrative review is lower than the maximum penalty authorized by section 109.1 of the Act, which is $25,000, and corresponds to 20% of the value for duty of the unreported statuette for a first contravention. ...

Greenslade, on behalf of the Respondent, acted in contravention of the Order by arranging the sale of at least one of the demanded assets, the 2006 Case 430 (point (v) above), to a third party. ... Stone [1989] NBJ No. 820 at paragraphs 5 to 7. [12]            I note also that the Respondent acted unilaterally in this regard and in clear contravention of the June 3 Order. ...

This Act applies in respect of the following wrongdoings in or relating to the public sector:       (a) a contravention of any Act of Parliament or of the legislature of a province, or of any regulations made under any such Act, other than a contravention of section 19 of this Act;  . . . ... La présente loi s’applique aux actes répréhensibles ci-après commis au sein du secteur public ou le concernant :   a) la contravention d’une loi fédérale ou provinciale ou d’un règlement pris sous leur régime, ŕ l’exception de la contravention de l’article 19 de la présente loi;   […] c) les cas graves de mauvaise gestion dans le secteur public;   12.   ...

., the Ford Expedition] were unlawfully imported into Canada and the payment of duties lawfully payable was not made in contravention of Sec 12, 17, and 32 of the Customs Act” ... Therefore, a contravention of section 12 of the Customs Act did, in fact, occur.   ... There are two aspects to this requirement: a) the making of a decision that there was a contravention; and b) the decision must be made in a reasonably timely manner ...

The penalty is for a level 1 infraction of non-report and for contraventions of a less serious nature.  ... The Act also sets penalties for contraventions of the Act and regulations to uphold the customs system and to ensure compliance; and e)       The question is highly factual and involves broader issues of public policy.   ... Instead, the Adjudicator merely confirmed that there was a contravention of the Act (which is not disputed in this case) and reiterated the submissions of the Applicant and the Seizing Officer.  ...

(genocide) war crime  means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.  ... Application before coming into force Application avant l’entrée en vigueur * (5)  Where an act or omission constituting an offence under this section occurred before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to the extent that, at the time and in the place of the act or omission, the act or omission constituted a contravention of customary international law or conventional international law or was criminal according to the general principles of law recognized by the community of nations, whether or not it constituted a contravention of the law in force at the time and in the place of its commission ...

The consequences of a contravention appear to be subject to a completely separate decision under Section 29. [16]            Thus, the Minister submits that her decision to confirm the forfeiture of the money is beyond the scope of the present action. ... Tourki, submits that it is so illogical to separate the contravention from the consequences that Parliament could not possibly have had that intention. ... What is the point of seeking judicial review of a decision on sanctions, while in due course the very basis of that sanction, i.e. contravention of Section 12 of the Act, may be set aside? ...

  [5]                The fact that the Minister’s decision is not subject to judicial review because of a privative clause and the fact that it is subject to a statutory appeal do not, in my view, give rise to the conclusion that the Court may only look at whether or not there has been a contravention of the Act and may not look at procedural flaws in the decision-making process and I do not read any of the cases cited as going that far.  ...