Failure to report importation of currency resulting in forfeiture

Applicant was driving from Ontario to British Columbia when she inadvertently crossed Canada-United States border into Minnesota. At United States border crossing applicant advised American officials that she was in possession of more than $40,000 in Canadian currency. Applicant immediately returned to Canada but at Canadian border crossing she failed to report full amount of currency in her possession. Approximately $42,000 was found in plastic shopping bag on passenger seat of applicant’s car. Failure to report was violation of s. 12(1) of Proceeds of Crime (Money Laundering) and Terrorist Financing Act and currency was seized as forfeit pursuant to s. 18(1) of Act. Applicant sought review of seizure by Minister of Public Safety and Emergency Preparedness under s. 25 of Act. Minister’s delegate found that there was failure to report importation of currency and confirmed forfeiture. Applicant brought application for judicial review of decision confirming forfeiture. Application dismissed. Applicant had burden of establishing that funds were not proceeds of crime. Applicant did not provide sufficient documentation to support her explanation that funds originated from sale of business. Applicant was advised in advance of decision that sales agreement she provided was insufficient to meet evidentiary burden upon her and guidance was given to her with respect to what other documentation she might provide to establish legitimacy of funds.

Hoang v. Canada (Public Safety and Emergency Preparedness) (2017), 2017 CarswellNat 7890, 2017 CarswellNat 8081, 2017 FC 1133, 2017 CF 1133, Patrick Gleeson J. (F.C.).