International Law

Client failed to declare cash when entering Canada. The amount exceeded $10,000. Unfortunately, there are a number of aggravating circumstances; including the fact that the client had previous violations and the fact that the client changed his story to the CBSA officer. The cash was seized. When we sought a review, the decision maker focused on the fact that the client's explanations as to where he got the funds was insufficient. In our view, the officer has placed the client in an almost impossible position. In reality, the funds were a cash loan to him by family members (corroborated by way of affidavit evidence). While some of the funds were returned, the decision maker has denied the return of the balance. As a result, we are seeking review by the Federal Court. This action is quite different than judicial review on immigration matters: 

Proceeds of Crime (Money Laundering) and Terrorist Financing Act: 

Appeal to Federal Court

30. (1) A person who requests a decision of the Minister under section 27 may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which the person is the plaintiff and the Minister is the defendant.